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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 12, 2017, the Defendant: (a) around 02:25, at the front end of Dongdaemun-gu Seoul Metropolitan Government, called “no taxi” was reported by a taxi engineer; (b) the Defendant: (c) was requested to present his identification card; (d) took one time to cut off his cell phone operation session of the police officer called with the said D; (d) was arrested at the front end of the patrol; and (e) took two times the chest of the said D; and (e) took one time the son’s cell phone operation session of the police officer called with the said D; and (e) took two times the son of the said D to sit back to the back seat of the police station; and (e) took three times the son of the said D’s assault.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and investigation of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Copy of a disposition notified;

1. The Defendant alleged to the effect that he was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime. However, in light of the background, content and method of the crime, Defendant’s act before and after the instant crime, etc., which could be duly admitted and recognized by the court, the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the circumstances favorable to the defendant, such as: (a) the defendant has deeply repented and reflected his mistake; and (b) there is no history of criminal punishment.

On the other hand, the obstruction of the performance of official duties not only interferes with the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is a excessive relation to the safety of general