A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On April 13, 2020, at around 19:10, the Defendant avoided disturbance in the Namdong-gu Incheon Metropolitan City, around C convenience stores, and the Defendant, a police officer belonging to the zone D District District of the Incheon Seo-gu Police Station, which was dispatched after being reported 112, interfered with the Defendant’s legitimate performance of duties concerning the maintenance of public security and order of E, a police officer, in order to identify the details of the report.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of Acts and subordinate statutes of violence victim photographs;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of the recommended sentence according to the sentencing guidelines [the category 1] the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], six months to one year and six months;

2. The Defendant, upon receiving a report on a disturbance under the influence of alcohol, assaulted a police officer who called out without any particular reason.

The defendant has been subject to criminal punishment several times due to the crime of injury, the crime of interference with business, etc., and has been sentenced to a fine and the suspension of the execution of imprisonment once.

The Defendant committed the instant crime against a police officer, even though he/she was sentenced to a fine due to an act of insulting a police officer, etc. who was dispatched to the instant case, immediately after being sentenced to the above suspended sentence, and even if he/she again committed the instant crime, and cannot be deemed to have minor degree of force exercised by a police officer at the time.

The defendant's responsibility for the crime of this case is heavy.

However, the defendant recognized the crime of this case and is against the law.

The Defendant deposited KRW 500,00 for the damaged police officers.

In addition, the defendant's age, character and conduct, family relations, economic situation, motive and attitude of crime, circumstances after crime, etc. are considered as a whole.