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

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

Punishment of the crime

1. On May 13, 2014, the Defendant: (a) reported on May 13, 2014 that he was under the influence of alcohol in front of the city bus platform at the 772 YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 08:05, the Defendant was unable to perform his legitimate duties on the prevention of crimes and maintenance of order of the aforementioned D, on the ground that he was unfluened by a person who was under the influence of alcohol at the front of the city bus platform.

2. At around 08:17 the same day, the Defendant was arrested as a flagrant offender on the grounds of the above paragraph (1) within the Busan Jinjin-gu Busan Police Station C district patrol team located in the Busan Jin-gu, Busan and obstructed the Defendant’s legitimate execution of duties concerning crime prevention and maintenance of order in the above F, by assaulting the F, such as spitation of spits on the face, etc., where the F would be referred to as “I cannot take a bath, spite, and spit on the face.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV photographs);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (the decision of sentence] [the decision of sentence] The defendant shows an attitude of misleading and opposing the defendant, the police officers did not inflict any injury, the fact that there was two times of fine for the same kind of crime, and other factors of sentencing including the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc.