A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

At around 01:30 on April 5, 2015, the Defendant was under the influence of alcohol in the Asan City, Asan City, the Defendant: (a) boarded another person’s car into the Defendant’s passenger car; (b) did not comply with the Defendant’s subordinate demand, which is the seat of the owner of the said car.

Although the Defendant, a police officer of the Hanam Police Station, who was called up after receiving a report 112, recommended the Defendant to invalid home, the Defendant continued to walk the time room to the above E, and the Defendant collected a pipe (50 cm in length, 3 cm in diameter) which is a dangerous object in the vicinity of the horse, and then assessed the victim at one time the victim’s left side of the police box, which is a dangerous object in the vicinity of the horse.

As a result, the Defendant interfered with the legitimate performance of duties by the police officer on the handling of 112 reported duties by carrying dangerous articles, and thereby, the Defendant suffered an inspection on the left-hand side of the victim in need of medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement prepared by E;

1. Reporting on the occurrence of police incidents;

1. Application of statutes on photographs of damage;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, death or injury resulting from special obstruction of public duties, or injury resulting from special obstruction of public duties (type 1);

(b) A special breeder: No person;

(c) Scope of the recommended sentence: Imprisonment for two years to four years (basic areas); and

3. The Defendant, upon receiving a report and demanding the police officer to return home safely, was killed by committing an attack against the police officer by a pipe, which is a dangerous object, and the nature of the crime is considerably high in light of the details and contents of the attack.