A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 3, 2017, the Defendant: (a) when drinking alcohol at the Defendant’s house located in Gangnam-gun, Gangwon-do; (b) assaulted C on October 17, 2017, and was dispatched to the Defendant, and received a report of domestic violence, and the slope E, who was called out after receiving the report, tried to grasp the circumstances of the instant case against the said C; (c) carried the said E’s chest at one time by hand; and (d) took the sloping part of the bridge of the said E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of domestic violence reports.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the circumstances in which the sentencing is recorded):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The offense of obstructing the performance of official duties by exercising violence against a police officer dispatched by a defendant upon receiving a report on domestic violence is heavier than that of disregarding a legitimate exercise of public authority and legal order;

However, it shall be considered in favor of the defendant that there is no record of punishment in addition to the punishment of a fine imposed on one occasion for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc.