A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to eight months of imprisonment for bodily injury at Seoul Southern District Court, and completed the execution of the sentence on November 16, 2014.

On May 21, 2016, the Defendant assaulted the police officer’s chest in a way that she was asked of the police officer D to ask questions about the developments of the assault, who was called out after receiving a report from 112 on the assault-related 17:35, at the parking lot for the church set forth in paragraph (1) of this Article, at the Park Jong-ri Police Station C, on May 21, 2016.

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

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. Each police statement made to D or E;

1. 112 Reporting case handling table;

1. Photographs damaged by police officers;

1. Previous conviction: The defendant and his defense counsel asserted that illegality is excluded as a legitimate act, since the defendant's response to inquiries such as criminal history, text of judgment, personal identification and acceptance status [the defendant and his defense counsel attempted to voluntarily accompany the defendant, but the victim police officer tried to arrest the police officer forcibly and resistedly.

However, in light of the background and circumstances of the Defendant’s crime, the situation at the time, and the contents and methods of the Defendant’s act, the Defendant’s act cannot be deemed reasonable, and urgency and supplement cannot be acknowledged. Thus, it cannot be deemed that illegality is excluded as a justifiable act under Article 20 of the Criminal Act.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] There is no basic area (from June to one year and four months) (i.e., interference with the performance of official duties and coercion of duties) (i., June to one year) (i.e., a person subject to special sentencing] [decision of sentencing] interference with the performance of official duties in itself is deemed that the case itself is less complicated.

subsection (b) of this section.

In this case, the method and method of crime.