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 8, 2019, at around 21:40, the Defendant received 112 report from his parent in front of “C” located in Scheon-si B, and received a request from his slope E belonging to the Kucheon Police Station D District Unit, which called “C”, to ask the Defendant to state his personal information and case circumstances, and assault E one time with his left hand.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. A written statement;

1. Reports on internal investigation (on the field conditions), investigation reports (victim E telephone conversations), investigation reports (Attachment to evidence submitted to police officers);

1. Application of the Acts and subordinate statutes concerning the violence of victims, side photographs, etc. and the 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 month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 8 months or suspended sentence for 2 years or imprisonment for a police officer who again assaults a police officer in the course of performing official duties despite the number of criminal records of violent crimes should be punished by severe punishment in order to maintain social law and order and establish public authority;

However, the fact that the defendant is against the defendant, the degree of violence is not severe, and the crime of obstruction of performance of official duties is committed before violence, and other sentencing criteria, the age, status, character and behavior, environment, family relationship, motive of the crime, and crime.