The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2019, at around 05:20, the Defendant: (a) committed assault on the roads in front of the C store located in Seocheon-si B; (b) “A taxi customer is under the influence of alcohol”; (c) the police officer, who was a police officer belonging to the D District of the Seocheon-si Police Station D District, dispatched upon receipt of a report by 112, who was requested to return home from E; and (d) the Defendant expressed to E “a sprinking a police officer, sprinking a bit of a bitch, etc.” on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Investigation report (case image analysis) and photographs of CCTV on the site attached thereto;

1. Investigation report (packer telephone statement);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for eight months of imprisonment, the suspension of execution of two years, as shown below;

Unfavorable circumstances: A person has already been punished for the same kind of crime.

In addition, there are many records of punishment for violent crimes.

Preferentials favorable: Sheeted on the street of alcohol.

As a matter of the police officer's breath, it is planned to commit a crime of obstruction of performance of official duties or interfere with execution of official duties while taking a bath for a police officer's returning home.