A defendant shall be punished by imprisonment for not less than eight 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 July 7, 2014, the Defendant was sentenced to a suspended sentence of two years in six months of imprisonment with prison labor due to interference with the execution of official duties in the credit support of Suwon Friwon, and is four times of the same kind of force.

1. On January 24, 2017, from around 20:14 to 20:34 of the same day, the Defendant interfered with the duties of the Defendant: (a) in the brea house managed by the victim D in Gwangju City from around January 24, 2017 to around the same day, entering the under the influence of alcohol and has caused the display of the said products by sprinking them in his/her hand with breath or with the display stand, thereby damaging the above show items; and (b) upon receiving 112 reports, the Defendant interfered with the duties of the victimized person’s breath management by force by moving to the site.

2. The Defendant, at the time, at the time, and at the place under the above paragraph (1) as seen in the above paragraph (1) of the same Article, committed assault, such as spiting down, etc., on the face of H in the situation of the police box where the police box of the Gwangju Police Station where the Defendant was sent to the scene after receiving a report of 112 as mentioned in the above paragraph (1) and met the Defendant at once a drinking time, and 20:40 on the same day, he spits, etc., the chest of the chest of the G police box belonging to the same police box where the Defendant was sent back to the scene.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the handling of reported case by G and H 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and D (victim);

1. Application of statutes to field images (ROMs);

1. Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing criteria should not be applied to several crimes with the reason of sentencing in Article 62-2 of the Criminal Act, which are the observation of protection and community service order and order to attend lectures.