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

On April 25, 2020, at around 10:10, the Defendant assaulted D in order to receive a notice of penalty payment due to a violation of the Punishment of Minor Offenses Act (Creation of Incompetence) from D in the region where the Daegu Southern Police Station C district unit of the Daegu Southern Police Station, which was called for after receiving a report that the Defendant would have been under the influence of alcohol, for instance, on April 10, 202, when the Defendant was under the influence of alcohol.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the working log;

1. Application of each photographic Act and subordinate statutes attached to a report on investigation;

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. 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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: The defendant committed a crime of assaulting the police, such as taking the face of the police in the course of performing official duties, so the corresponding punishment is needed.

There has been already been a history of punishment due to violence, obstruction of business, etc.

The favorable circumstances: The crime is recognized.