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

At around 00:20 on December 30, 2015, the Defendant: (a) committed assault at C cafeteria located in Chungcheongnamnam Budget Group B; (b) on the investigation of the assault case, the Defendant sent out after receiving a report of 112 that the assault case occurred; and (c) during the process of the investigation of the assault case, E was exposed to the suspicion of drinking driving by the Defendant F, the Defendant’s driver, and demanded F to take a alcohol test; (b) on the one hand, the Defendant made the above E’s left arms at one time, and continued to keep the chest of the said E at one time; and (c) the police officer affiliated with the said Dara taken the same situation into a mobile phone camera, and used it as “h” to use “h” while intending to use the face of the said G at one’s left hand.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning handling reports and measuring and investigating drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the Act and subordinate statutes to a criminal investigation report (the report on confirmation of the content of the video CD);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Statutory applicable sentences: Imprisonment with prison labor for not less than one month but not more than five years;

2. Application of the sentencing criteria [the types] interference with the performance of public duties, interference with the performance of public duties, Type 1 (Interference with the performance of public duties and coercion of duties) [the area of recommendation and sentencing of recommendations] and the basic area of punishment, imprisonment with prison labor for not less than 6 months and not more than 1 year and 4 months;

3. Determination of sentence: Six months of imprisonment, and the legitimate exercise of public authority by the State of one year of suspended sentence shall be protected for peace and security of all nationals, including the accused himself;

However, as the Defendant committed assault and insult against police officers in uniform, thereby hindering the exercise of public authority and harming the morale of police officers who perform their duties, it is necessary to strictly punish them.

Therefore, the defendant is selected to be sentenced to imprisonment.

However, the defendant is the defendant.