A defendant shall be punished by imprisonment with prison labor 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

At around 06:30 on January 5, 2019, the Defendant reported 112 to the effect that the issue of gambling arises between customers and the business owners, and prevented the Defendant from committing the Defendant’s act of threatening as if the patrolmen belonging to the D Zone of the Busan Western Police Station, who called to the site, to stop the Defendant’s act of threatening the business owners and the Does, and assaulted the chest of the above E three times on the floor with the hand, who had been spawned on the floor.

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 to E by the police;

1. CCTV image closure photographs;

1. Application of the Acts and subordinate statutes governing the investigation report (CCTV image attachment);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Not more than 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]/ the coercion of official duties [Special Convict]: Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month or eight months of imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor, one year of suspended sentence (unfavorable circumstances) is not sufficient to commit the instant crime by assaulting a police officer in the course of performing official duties, thereby obstructing the execution of official duties.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The degree of violence is relatively heavy.

Defendant has no record of punishment for the same kind of crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.