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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 01:20 on August 31, 2019, the Defendant received 112 report from the first floor of the building of the building of the Eunpyeong-gu Seoul, Seoul, and received a demand to pay the drinking value and return home from E, a police officer belonging to the Seoul Western Police Station Dental Police Station, who called to the site, to the effect that he/she left the site without paying the price, and he/she received a demand from E to return home, such as “I have received this time, I have taken care of. I have taken care of the police officer after his/her business,” and received a warning that he/she could be a crime of insult from E.
Accordingly, the defendant assaulted police officers to interfere with legitimate performance of official duties on handling 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written statement of F and G;
1. Application of the Acts and subordinate statutes in Part II of the CCTV image closure photograph and the 112 reported case processing table;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 136 (1) of the Criminal Act;
1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not more than five years;
2. Application of the sentencing criteria [Determination of Punishment] Basic area of the obstruction of performance of official duties (the scope of the recommended area and the scope of the recommended punishment], six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for eight months and one year of suspended sentence [fluoring circumstances] of the same kind of past records [fluoring circumstances] shall be recognized, his mistake shall be repented, and no penalty force shall be imposed after 204;