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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2018, at around 00:05, the Defendant reported 112 on the street in front of C in Busan Metropolitan City, that “the Defendant is under the influence of alcohol, and the Defendant is under the influence of noise.” In the process of confirming the circumstances of the instant case by the police officer D, who called to the site, taken the Defendant’s cell phone with a cell phone with the Defendant, used the above D’s right arms toward the right side, and used the said D’s cell phone equipment to take the hand hand over during the course of confirming the circumstances of the instant case, such as taking the Defendant, etc., and used the said D’s cell phone equipment to cut off the parts of the said D’s cell phone with the cell phone, and used the breast part twice with the finger part by hand, and used the said D’s cell phone with the finger part twice.

Accordingly, the defendant interfered with police officers' duties concerning the prevention, suppression and investigation of crimes without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (a public official identification card of a victim police officer and a statement of cases reported to 112);

1. Application of Acts and subordinate statutes to each internal investigation report (as regards witness's statements, such as site conditions and words after being taken in the earth and after being taken in the earth, with respect to photographic photographs of the suspected person's behavior);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended sentence (unfavorable circumstances) for the instant crime is not good for the Defendant to have committed an assault against a police officer in the course of performing official duties.

The defendant, even after committing the crime, is not in good condition after committing the crime, such as taking a bath to police officers.

[Lied circumstances] The defendant recognizes his crime.