A defendant shall be punished by imprisonment for six months.

However, 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

At around 00:01 on September 23, 2015, the Defendant received a report that a drunk person was used, and took an inquiry about personal information, etc. from F in the region belonging to the Incheon Police Station E zone at the site, which was dispatched to the site on September 23, 2015, and expressed, without any justifiable reason, the Defendant expressed, “I am a fine because I am abre, so I am abre, so I am a baby,” and assaulted the Defendant, such as, “I am under the right side of the latitude F, I am a part, and walking the F’s left wre, and walk.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Investigation report (field search, investigation, etc.);

1. Application of the photographic Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant and his defense counsel’s assertion regarding the Defendant under Article 62-2 of the Social Service Order Criminal Act and the defense counsel asserted that “the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime.” In full view of all the circumstances, such as the background and mode of the instant crime, the Defendant’s act before and after the instant crime, etc., it does not seem that the Defendant had weak ability to distinguish things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for six months to one year and four months (determination of types of punishment). The basic area (6 months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (determination of the obstruction of performance of official duties).

3. An act of assaulting a police officer in the course of performing his/her duties shall be punished;