A defendant shall be punished by imprisonment for six months.

except that 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 21, 2019, at C Center located in Daegu Northern-gu B, Daegu, on the ground that D, who is a public official of the above C Center, was exposed to the Defendant’s illegal dumping and was subject to the administrative fine. On the other hand, the Defendant assaulted the said D’s item by means of detecting the Defendant’s illegal dumping, and obstructed the Defendant’s legitimate execution of duties on the control of illegal dumping.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (to hear on the site conditions and witness's statements at the same time);

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: Crimes committed by a public official in the course of performing his/her duties, which might be less severe in light of the circumstances and contents of such crimes.

The favorable circumstances: The defendant is led to confession and reflect.

A damaged public official expresses his/her intention not to want punishment.