A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 20:40 on May 11, 2019, the Defendant: (a) requested a policeman to present an identification card from a policeman belonging to the Gyeongginam Police Station D District, who was sent to the site after receiving a report of 112 from the proprietor of the above restaurant, that customers scam, and who was dispatched to the site; (b) used the above policeman E to have a high scam for the above policeman, and scam for both hand, and assaulted the above policeman E by force once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Application of Acts and subordinate statutes on closure photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice 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: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties [Type 1]/ No person shall be subject to the obstruction of the performance of official duties [the scope of recommended and recommended punishment] (the scope of recommendation field and recommended punishment] basic area, six months to one year and six months [no person who is a general person] [the grounds for suspension of execution of punishment].

3. Determination of sentence: The crime of this case committed by the defendant for six months of imprisonment and two years of suspended sentence, even though he had a previous criminal record of violent crime, again assaulted a police officer in the course of performing official duties, needs to be punished by severe punishment in order to maintain social law and order and to establish public authority. However, although the defendant led to the crime of this case, he/she is deemed to have committed the crime of this case under the influence of alcohol without much emphasis on the degree of assault, and he/she seems to have committed the crime of this case under the influence of alcohol. There are some favorable circumstances such as sentencing guidelines, age, status, character and conduct, environment, family relationship, motive of the crime, means and result of the crime after the crime.