A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2018. 7. 2. 21:18경 제주시 B 앞 길거리에서, ‘집 옆 인도에 술 드신 남자가 쓰러져 있음, 손, 발에 상처나서 피도 나고 있음‘이라는 112신고를 받고 출동한 제주동부경찰서 C파출소 소속 경찰관 경위 피해자 D(48세)로부터 “집이 어디세요. 몸에 상처가 났는데 병원으로 가야 되지 않겠습니까”라는 말을 듣자 별다른 이유 없이 “경찰관 개새끼들 저리 가라 너희들 뭐하러 왔냐, 씹쌔끼”라고 욕을 하였다.

Accordingly, the defendant's behavior that was going next to the defendant stated that "I have been a person who wants to do so, and has also been ambulances", and the victim tried to enter the name and contact of the defendant's daily behavior, and the defendant made one time a part of the victim's left side while taking a sudden desire.

In the process of continuously arresting the Defendant as an offender in the crime of obstruction of performance of official duties as above, the Defendant committed assault, such as kneeing the victim’s face one time.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on 112 reporting processing and criminal investigation, and at the same time, the Defendant inflicted an injury on the victim with a high level of external wound that requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing damage-related photographs;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. It is favorable that the defendant reflects the reason for sentencing the alternative sentence of imprisonment with prison labor and deposited two million won for the victimized police officers.

However, as long as the defendant's act was considerably excessive, and the police officer performing official duties causes serious injury, it is judged that the punishment is inevitable, and the defendant has been sentenced to a fine of the same kind, the age, character, conduct, family relationship of the defendant.