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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 22, 2018, the Defendant reported on February 22, 2018, 112 that “A person who takes alcohol at C cafeteria located in Seongbuk-gu, Sungnam-si, Sungnam-si,” and requested the Defendant to submit an identification card to the police officer E and F who belongs to the branch police station of the branch police station called upon upon receipt of the report; and

In other words, it was assaulted by the following: “D's bath,” “E and F’s drinking once each time,” “E was suspected of obstructing the performance of official duties,” and “E’s Hubbbbbbbbbbs, etc., which were defective in arresting the Defendant on one occasion due to the charge of obstructing the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. A H statement;

1. Application of the investigation report, investigation report (C cafeteria CCTV verification), CCTV-cape photographs, and one CD-cape statute;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and six months) (the period from six months to one year and six months) (the amount of special mitigation] where the degree of interference with the performance of official duties is insignificant / Where there are many public officials who have suffered damage (the type of one type);

2. Determination of sentence [Public Prosecutor’s Opinion] 10 months of imprisonment / [Judgment] 6 months of imprisonment, and obstruction of performance of official duties for two years of suspended execution is a serious crime that undermines national functions by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen.

However, given the favorable circumstances, such as the Defendant’s confession, and the fact that there is no criminal history against the Defendant, the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the various sentencing conditions under Article 51 of the Criminal Act, as shown in the records and arguments, are considered.