A defendant shall be punished by imprisonment for not less than eight 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

1. On January 21, 2020, the Defendant: (a) b3:25, 2020, while under the influence of alcohol on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the victim C (the 67-year-year-old) driven, suddenly boarded on the victim’s vehicle that was temporarily stopped; and (b) assaulted the victim’s face at two times by taking the victim’s request from the victim.

2. Around January 21, 2020, the Defendant: (a) received 112 reports at the above location on January 23:33, 2020; and (b) received the request from the victim E, the police officer of the Seoul Seodaemun-gu Seoul Western Police Station D police box; and (c) subsequently insulting the victim.

3. On January 21, 2020, the Defendant: (a) received 112 reports at the said place on January 23:38, 2020; and (b) took care of the police officer’s face at one time; and (c) took care of the police officer’s face at one time, the Defendant obstructed the police officer’s legitimate performance of duties concerning handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Application of Acts and subordinate statutes to each investigation report (to check screen images taken by a police officer assigned to a police station at night, a place of night duty, and a police officer assigned to a field, and to check black stuffs);

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties, of the largest punishment);

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The recommended field of obstruction of the performance of official duties [Article 1] / coercion of official duties (special person) is without merit.