A defendant shall be punished by imprisonment for six 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

On February 4, 2020, at around 00:02, the Defendant was arrested as a fine recipient in the C District District located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and the Defendant spited the brine into the face of the border D, where the police officer did not answer his question, on the ground that he did not answer his question.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the management of fine recipients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. The crime of this case, which is determined to be sentenced, is not likely to obstruct the performance of official duties by means of spiting spits on the face of police officers who perform their duties, and there are many violences against the defendant.

On the other hand, the defendant recognized the crime of this case and seems to be against the defendant, and there is no record of punishment exceeding the fine.

In addition, the sentencing factors specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined within the scope of the recommended sentencing criteria, such as the orders.