A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On June 27, 2020, at around 04:50 on June 27, 2020, the Defendant reported 112 to the effect that “C” in front of “C” in South-gu, South-gu, North Korea: (a) had been called “C” and called “C” and sent one time to the end of the border E with the mother of the Defendant in order for the Defendant to return home to the Defendant, by connecting the Defendant’s mobile phone with the phone; and (b) had the Defendant’s left hand carrying a mobile phone without any particular reason, when the Defendant took one time the direction of the border E.

Accordingly, the defendant interfered with the police officer's performance of duties on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A list of 112 reported cases, a D District Work Site (Eg), an investigation report (a video-recording of a bar camp capable of verifying the situation at the time of the case), and a CD one;

1. The results of inquiry and the application of the Acts and subordinate statutes of the same kind of crime;

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 on probation and 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. The crime of obstruction of the performance of official duties on a sentence is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish it in order to establish a legal order of the State and eradicate a light of the public authority. The Defendant committed the instant crime even though he was unable to control a drunk withdrawal by himself, and even if he had already committed several times during his active service, and the Defendant committed the instant crime of obstruction of the performance of official duties.