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 December 2, 2018, at around 00:44, the Defendant: (a) committed assault on two occasions at the front corridor of Ctel No. 112, which is the Defendant’s residence located in Busan Jin-gu, Busan, on December 2, 2018; (b) reported 112; and (c) reported 112, “the shipowner was used.”

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement of each police statement related to F and G;

1. The defendant and his defense counsel asserted that the defendant did not assault the police officer as stated in the facts charged. However, according to the evidence stated above, the above argument can be sufficiently recognized, since the defendant's investigation report (on-site situation, etc. at the time of 119 mobilization) and defense counsel's assertion, the above argument is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. The defendant, who has been sentenced to a suspended sentence of imprisonment due to the same kind of crime as the sentence of punishment, committed again the crime in question, denied and not reflect the crime, and failed to receive a letter from the police officer. However, the defendant committed the crime in question by contingency, the degree of obstruction of performance of official duties is insignificant, and the punishment should be imposed as ordered in consideration of the defendant's age, health condition, criminal records, etc.