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

Criminal facts

On August 7, 2019, at the front of the 'C' news article restaurant located in Mapo-gu Seoul Metropolitan Government, on August 7, 2019, the Defendant returned from the police officer E and the police officer belonging to the Seoul Mapo-gu Police Station D District Unit, who was dispatched after receiving 112 reports.

청을 받고 욕설을 하면서 F의 뒤통수 부분을 손으로 1회 때리고, 계속하여 E을 향해 주먹을 휘두르고, F의 옆구리를 발로 1회 찼다.

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. The police statement concerning F;

1. Application of the Act and subordinate statutes to a criminal investigation report (CCTV image);

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: The reason for sentencing chosen imprisonment;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of Punishment] There is no category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of duties) (the scope of recommendations and recommendations), basic area (the scope of recommendations and recommendations), six months to one year and six months.

3. Determination of sentence: A person who has committed a crime in the period of the suspension of execution of imprisonment with prison labor for not less than 8 months (incompetence circumstances) by pening his/her mistake (incompetence circumstances) and not less than that of the obstruction of performance of official duties, a majority of the records of the same kind