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

On December 27, 2018, around 21:55, at the main point of "C" located on the second floor of the building B in Busan Jung-gu, Busan, and after receiving a report from 112 that customers fright to walk, the Defendant was able to take her home from the slope E belonging to the Busan Central Police Station Down Police Station, who was called to the site, and took a bath to her home, and carried out the above E's face part with the right hand, and her drinking to the above E.

이에 위 E가 피고인을 폭행죄 및 공무집행방해죄의 현행범인으로 체포하려고 하자 위 E의 얼굴에 침을 뱉고 순찰차로 이동하는 중 발로 위 E의 다리 부위를 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes in the light of the G;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Although the defendant who was sentenced to punishment had been punished several times due to violent crimes, the nature of the crime of this case is not good in that he committed the crime of this case.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is recognized and reflected, the degree of interference with official duties is not excessive, the punishment heavier than suspended execution has no record, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. as shown in the argument of this case.

Public Prosecution Rejection Parts

1. On December 27, 2018, the Defendant’s summary of the facts charged is the main point of “C” located on the second floor of the building B in Jung-gu, Busan around December 27, 2018.