A defendant shall be punished by imprisonment for four 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 September 27, 2016, at around 20:15, the Defendant: (a) received 112 report from a taxi that does not have a taxi engineer who was in front of Songpa-gu Seoul on the street; and (b) obstructed the police officer’s legitimate performance of duties related to the handling of a report by assaulting five times the chest of the above D on his hand to the effect that “a guest who was in the influence of alcohol is walking a taxi and walking the taxi,” and called to the scene, who was under hearing the statement of a taxi engineer or his neighboring person, and was in the process of hearing the above head; (c) reported the above head, the police officer of the Song-gu Police Station C police station, who was in the process of hearing the statement of the taxi engineer or his neighboring person, and tried to check whether the taxi engineer was deprived of any cruel loss; and (d) expressed his attitude that he was able to face the above D on his hand, and obstructed the police officer’s performance of duties related to the handling of the report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each Act and subordinate statute of the E, F and G Preparation;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

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

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor in the scope of the mitigated area (one month to eight months) of the obstruction of performance of official duties (the scope of the recommended sentence];

2. Determination of sentence: 4 months of imprisonment with prison labor, and two years of suspended sentence: The instant crime committed by the Defendant against a police officer who has worn a uniform under the influence of alcohol is deemed to be bad, and requires strict punishment. Even though the Defendant had the ability to punish several times, including criminal records, for a crime related to drinking, but is in favor of preventing the instant crime: (a) the Defendant is recognized as committing the instant crime; and (b) the degree of assault used by the Defendant is relatively excessive. The Defendant has no criminal records of the same kind.