A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On March 25, 2018, at around 17:00, the Defendant was under the influence of alcohol in front of Yong-gu, Chungcheongnam-gun, and the circumstances surrounding the police box called up after receiving 112 reports, etc., the Defendant moved to the front of the same Gun F on the same day on around 17:30 of the same day. However, as E, etc. gets back for returning home, the Defendant was able to turn back to the right side of E by drinking to the left side.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each police statement of G and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Where the scope of the recommended punishment according to the application of the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (1 to 8 months) (1 to obstruct the performance of official duties).

3. According to the decisions of sentence, the sentence shall be determined as ordered in light of all the sentencing factors shown in the arguments of this case, such as the following circumstances and Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

The crime of this case was committed by a police officer who properly performs official duties, and is favorable for consideration, such as the nature of the crime, the fact that the damaged police officer wants to punish the defendant: The defendant recognized all of the crime of this case, divided and reflected his mistake, and the degree of interference with the defendant's official duties is relatively minor.