A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2020, at around 23:30 on March 23:3, 2020, the Defendant was urged to return home from the police slope belonging to the police officer of the Seocheon Police Station C District, which was dispatched to the site after receiving a 112 report that the Defendant was able to engage in security guards under the influence of alcohol in front of the House B Apartment Management Office, and the disturbance was frighted.

그러나 피고인은 경찰관의 귀가 요구에 불응하며 경찰관에게 “씨발새끼야, 한 번 해봐!”라고 소리 지르며 양손으로 경찰관의 가슴 부위를 1회 밀쳐 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of type] The scope of the obstruction of performance of official duties or the coercion of duty (type 1): In cases where the degree of assault and threat, threat, and deceptive scheme is minor (the scope of recommendation) and the extent of punishment is minor (the area of mitigation) for not less than one month but not more than eight months.

3. Determination of sentence: The sentence shall be determined as the order, in consideration of various sentencing conditions shown in the records and arguments of this case, including four months of imprisonment, one year of suspended sentence, the age, character and conduct, home environment, motive, means and result of the crime, and the circumstances after the crime;

Unless there is any justifiable reason, it interferes with the execution of official duties by taking a bath and assault against a police officer who is performing official duties without any justifiable reason.

Even before the crime of this case was committed, there has been several records of punishment including imprisonment with prison labor for the crime of this case.

The favorable circumstances: All the time of crimes.