A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 4, 2016, around 04:25, the Defendant obstructed legitimate performance of duties concerning the arrest of flagrant offenders by the police officers, including, but not limited to, the police officers, who were engaged in patrol patrols, in order to arrest the Defendant’s wife as the current criminal committing a violation of the Road Traffic Act (unlicensed driving). From around 05:00 on the same day, the Defendant expressed a bath to the police officers, while taking a bath to the said police officers, and thereby obstructing the police officers from performing their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of the investigation report (including the process of arresting a flagrant offender), photographs, and statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Reduction elements of the recommended punishment according to the sentencing guidelines [the types of decisions] : Imprisonment with prison labor for one month or eight months; and

3. Determination of sentence: 4 months of imprisonment with prison labor and 2 years of suspended sentence are crimes of this case committed by a police officer, and the defendant's exercise of tangible force together with severe humiliations in the course of resistance against police officers' legitimate execution of duties is not good.

However, the fact that the defendant led to the confession of the crime of this case and reflects against the police officer, the defect that the defendant tried to arrest the foreigner's wife who has not yet been familiar with the end of Korea as the current criminal of the violation of the Road Traffic Act (unlicensed Driving) in the course of resisting the crime of this case, there are grounds to consider the circumstances of the crime of this case, the degree of the type used by the defendant is relatively minor, and the police officer who suffered the damage did not want to punish the defendant.