A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 7, 2018, at around 01:15, the Defendant: (a) reported a dispute over taxi drivers and fare at the front road B in Gangseo-gu Seoul, Gangseo-gu, Seoul; and (b) recommended the Defendant to return home to and depart from the taxi fare; (c) the Defendant used the left left part of the bones of the D, and assaulted the part of E’s right-hand end.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime, on the Defendant’s assertion of mental and physical weakness under Article 62-2 of the Criminal Act.

The argument is asserted.

In light of the Defendant’s ordinary level of drinking, degree of drinking, and details of the Defendant’s criminal act at the time of the instant crime, even though the Defendant was deemed to have had a considerable amount of drinking at the time of the instant crime, there was a lack of ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is without merit and thus rejected.

In light of the method and contents of the instant crime for sentencing, considering the following factors: (a) the sentencing is based on the number and contents of the instant crime; (b) the first offender who has no record of criminal punishment; and (c) the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc., are considered.