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 May 26, 2020, at around 06:45, the Defendant was urged to return home from E at the border of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Police Station D District, a police officer who was called after receiving 112 a report, to go home under the influence of alcohol at a restaurant of Yeongdeungpo-gu Seoul Metropolitan Government B'C, and was used by the Defendant on two occasions by presenting a police certificate.

As a result, the Defendant interfered with the legitimate performance of official duties of police officers in relation to 112 reporting management affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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 of recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 8 months and a sentence for 2 years disadvantageous to a suspended sentence: The crime of obstruction of performance of official duties is committed in the instant case without being well aware of the fact that it was committed during the period of suspension of execution due to the same or different kinds of fines, and even during the period of suspension of execution due to a special assault. The crime of obstruction of performance of official duties requires strict punishment as a crime that interferes with the exercise of legitimate public authority, and is against the favorable circumstances that are not received from the victimized police officer: the above circumstances and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed.