A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 31, 2019, the Defendant: (a) received a report from the Defendant on the fact that the Defendant is suffering from disturbance, such as the shouldering of drunk disease, etc. on December 31, 2019; and (b) obstructed the body of slope E on one occasion by hand from a slope E belonging to the D District Unit of the ethical Police Station D District, etc., sent back to the scene; and (c) instructed the slope E to “heat in his body”, “I will arrest if you interfere with his official duties”; and (d) assaulted the two parts and the head of the slope E on one occasion by drinking, respectively.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing a criminal image closure photograph and CCTV image CD;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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 punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of recommendations according to the sentencing guidelines: The basic area of the crimes of obstruction of the performance of official duties shall be between six months and one year and six months (decision of type): There exists no category 1 (person who has been subject to obstruction of the performance of official duties and coercion of duties) (the area of recommendations).

3. A ruling of sentence: Six months of imprisonment with prison labor, and one year of probation, the defendant by exercising force and obstructing the legitimate performance of duties by a police officer, and the nature of such crime is not good;

However, it is relatively minor that the defendant's use of force is relatively minor, that the defendant recognized his mistake and reflects it, and that there is no record that the defendant has been punished as an obstruction of performance of official duties of the same kind until now, etc., shall be considered as somewhat favorable circumstances for the defendant. In addition, the trial process of this case, such as the age, character and conduct, environment, family relationship, means and result of the crime, etc. of the defendant