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

On July 4, 2019, the Defendant assaulted D on the road in front of Mapo-gu Seoul, Seoul, and on the road, a police officer affiliated with the Seoul Mapo Police Station C District, who called upon receiving a report of 112 to the effect that “any male takes drinking on the road,” used the said D to put the Defendant two drinking alcohol to the said D, display the Defendant, and walk the said D’s drinking once, while taking a bath.

As such, the Defendant interfered with the legitimate execution of duties concerning the protection of life and body, maintenance of order, etc. of the above D, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112. List of reported cases;

1. Application of investigation reports (STV image verification), investigation reports (verification of CCTV images at the scene of the incident) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: The crime is not good to be committed against police officers who have been under the suspension of execution of official duties for four months, or one year, and the defendant has been punished for the same crime;

However, the sentence like the order shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the fact that the person was aware of the crime, the fact that there was no history of punishment exceeding two times of fine, and the Defendant’s health status, age, character and behavior, career, motive of the crime, and the circumstances after the crime.