A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 23:40, 2020, the Defendant: (a) committed assault on the part of C, etc. on the ground that “the Defendant did not pay the taxi fee” in front of the upper 279, 279, the Defendant received a 112 report, and received a notification from C in the situation of the Dongjak Police Station B District of the Dongjak Police Station called out and received a recommendation from the Defendant to return home, and received a recommendation from the Defendant to return home.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. 112 Reporting case handling table; and

1. A receipt for the unpaid taxi fares;

1. A report on investigation;

1. An investigation report (Attachment of slope E’s scamcam images) - Balcam CDs;

1. Investigation report (the details of telephone conversations with victim D - the details of punishment not to be imposed);

1. Application of Acts and subordinate statutes to criminal investigation reports (victims D and telephone communications details);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ Forced non-performance of official duties (special sponsor]: Where the degree of violence, intimidation and deceptive scheme is minor (the scope of the recommended area and the recommended sentence] mitigation area, and one to eight months of imprisonment.

3. Determination of sentence: 4 months of imprisonment with prison labor, and one year of suspended sentence has a history of being subject to criminal punishment due to violent crimes, and the crime related to the obstruction of performance of official duties is a crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the State in order to establish national legal order and eradicate the light of public authority.

However, the defendant led to the confession of the crime of this case and divided his mistake, and the crime of this case was committed by the defendant under the influence of alcohol.