A defendant shall be punished by imprisonment for not less than five 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 November 11, 2018, at around 23:40, the Defendant assaulted D on the road in front of Eunpyeong-gu Seoul, and on the road that the Defendant and the taxi driver were placed a vision, the police officer of the Seoul Western Police Station C District District Police Station, who called up after receiving a report of 112 that the Defendant and the taxi driver were placed in a vision, used the aforementioned D to take a bath for the Defendant on the ground that the Defendant would not get any other taxi or have the Defendant returned home without having taken a patrol lane, and would encourage the Defendant to voluntarily return home voluntarily. However, the Defendant assaulted D on the ground that the police officer was able to take a bath on the ground that he was forced to go home voluntarily.

As such, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order, crime prevention, etc. of the above D, a police official.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The application of the relevant Acts and subordinate statutes to one video CDs as a result of the reproduction;

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;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for five months, suspended execution for two years (unfavorable circumstances) in the course of performing official duties, and it is not good that the crime has been committed and has been punished for the same kind of crime against a police officer who was under suspension of execution of official duties, while taking a bath for a long time;

[Modern circumstances] The degree of exercise of tangible power is not direct, and only three previous criminal records have been sentenced to suspended sentence for the same crime before 27 years.

The age, character, conduct, environment, health conditions, circumstances leading to the crime, means and results of the crime.