The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 15, 2019, at around 23:55, the Defendant was arrested as a flagrant offender on the suspicion that he assaulted G and H by slope E, slope F, a police officer belonging to the D District Police Station of the Seocheon-si Police Station, sent out after receiving a report of 112 that fighting had occurred on the front side of C in Seocheon-si B.

이후 위 E, F이 피고인을 순찰차에 태우려고 하자, 피고인은 이에 반항하면서 팔로 위 E을 1회 밀고, 다시 위 경찰관들이 피고인의 상체부위를 먼저 순찰차 뒷좌석에 넣어 태우고 하체 부분을 차 안으로 태우려고 하자 발로 F의 복부를 1회 차고, 이어서 발로 E의 얼굴을 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling and escort of police officers' 112 report duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Investigation report (CCTV, and video recording and video recording).

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and other conditions specified below, such as the age, character and conduct, environment, circumstances of crimes, circumstances after crimes, and all the conditions of sentencing specified in the pleadings of this case shall be determined as the order.

Unfavorable circumstances: The degree of obstruction of performance of official duties, such as the discovery of police officers who perform their duties properly, is not easy.

There has already been a history of punishment of fine for the same crime.

The favorable circumstances: planned;