A defendant shall be punished by imprisonment for not more than ten 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

On December 31, 2019, at around 03:33, the Defendant: (a) assaulted the victim E (33 years of age) who is a police officer belonging to the Incheon Western Police Station D District Unit of D District Police Station, who was called out after receiving 112 reports of violence in front of C convenience points located in Nam-gu Incheon Metropolitan City, with the Defendant arrested the Defendant and received the part of the victim from the back seat of the defective patrol vehicle to board the patrol vehicle; (b) obstructed the victim’s legitimate execution of duties concerning crime prevention, suppression, and investigation; and (c) committed the victim’s cambling, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A medical certificate;

1. 112 Reports to departments related to reporting;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Although the sentencing guidelines are not applicable because the scope of the recommended punishment according to the sentencing guidelines are superior concurrent crimes, the sentencing guidelines are not applicable, it shall be stated in reference to the sentencing guidelines for the crime of injury in which the punishment is more severe (the determination of a type) [the first category] general injury [the special injury [the aggravated person] general injury [the aggravated person]: In the case of obstruction of performance of official duties [the area of recommendation and the scope of the recommended punishment] increased area, six months to two years.

3. The crime of this case committed by the defendant who was sentenced to punishment of this case was committed by assault by the defendant, such as taking the co parts of the victim who is a police officer, obstructing the legitimate performance of duties by a police officer, and at the same time causing an injury to the victim requiring medical treatment for about two weeks in light of the content of the crime, the criminal liability is heavy, and the defendant has not yet received a letter from the victim, etc.