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

On October 8, 2018, at around 23:28, the Defendant reported on 112 the front garage of the bus terminal C located in Busan, Seo-gu, Busan, and led about about 5 meters of the work clothes of E by the Defendant’s hand, and led about 5 meters of the work clothes of E.

이에 E가 피고인을 공무집행방해죄의 현행범인으로 체포하려 하자 피고인은 발로 E의 머리부위를 2회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Damage photographs;

1. A criminal investigation report (a visual analysis and search and investigation of images taken by a police officer);

1. Investigation report (investigation into bus booms and on-site CCTV analysis);

1. Application of Acts and subordinate statutes on 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. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended sentence (unfavorable circumstances) are not sufficient to commit the instant crime by assaulting a police officer dispatched by the Defendant for returning home under the influence of alcohol;

【Lied circumstances】 The Defendant recognizes his criminal act.

Defendant is an initial offender who has no criminal record.

In addition, Article 51 of the Criminal Act provides for the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and circumstances after the crime.