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 June 5, 2019, at around 13:05, the Defendant expressed a bath to C, who was requested to return home from a slope C belonging to the police box at the site after receiving a report from 112 from the person under influence of alcohol, who was under the influence of alcohol in front of the 13:05 Sinju City, Seosan-si, a Do Seosan Station, on June 5, 2019, on the ground that C was forced to go home from the above C, while trying to go home on the road, and that C’s face was removed from the above C at one time.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the protection of people's lives and bodies.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Determination of the sentence of obstruction of the performance of official duties needs to be strictly punished for a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no record of criminal punishment for the same crime, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that constitute the sentencing as shown in the records and arguments of this case, including the circumstances after the crime, etc., the punishment as ordered shall be determined.