A defendant shall be punished by imprisonment for not less than eight 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

On November 14, 2019, at around 23:40, the Defendant received 112 reports from neighboring residents at the residence of the Defendant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and received a notice of penalty payment pursuant to the violation of the Punishment of Minor Offenses Act from the police box affiliated with the Seoul Gangnam-gu, Seoul, which called, “Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the police officer's 112 declaration processing and legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Legal statement of witness E in part of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on site photographs and the list of 112 reported cases;

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. Probation and community service order under Article 62-2 of the Criminal Act, which prevents a police officer from performing his/her official duties by threatening him/her on the grounds of sentencing 112 reported, should be punished strictly because the nature of the crime is not minor.

However, there are favorable circumstances such as having no criminal records exceeding fines, and the sentencing conditions, such as the age, character and conduct, environment, means and results of crimes, and circumstances after crimes, shall be determined in the same manner as the orders, in consideration of the probation and community service conditions.