A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On April 23, 2015, the Defendant was required to arrest a flagrant offender as a flagrant offender to D who belongs to the Gwangju Mine Police Station C District District and to board the patrol vehicle in front of 205 Si apartment units located in 17, Masan-ro, Masan-ro, Gwangju, Gwangju, and upon receiving a report from the Defendant, the Defendant was required to arrest him as a flagrant offender and to board the patrol vehicle.

However, while the defendant completely refused this, the defendant spits it three times in the right spit of D, and spits it into face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The application of the C District Work Site, the receipt and handling status of accidents, and the statutes governing the 112 Reporting Case List;

1. The sentencing guidelines for sentencing under Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act on the basis of the pertinent provision on criminal facts [the scope of recommending punishment] are as follows: (a) the mitigation area (one to eight months of obstruction of performance of official duties) [special mitigation] of the mitigation area (one to one month) of the obstruction of performance of official duties; (b) the degree of assault, intimidation and deceptive scheme is minor, the new citizen defendant, experienced considerable difficulties in the course of adaptation to the new environment after his/her escape.

In addition, there seems to have been a lot of mental sufferings due to the learning of unclaimed daughters, the depression and apprehensions that were experienced in the process of unclaimed daughters, etc.

In addition, there are circumstances favorable to the defendant, such as the fact that the relationship between family members seems to have been read, the fact that the police officer wants the defendant's wife, and if this decision becomes final and conclusive, the suspension of the execution below is invalidated.

However, the defendant is sentenced to the punishment for the following reasons.

① On January 15, 2015, the Defendant was sentenced to a suspended sentence of two years for the eight-month period due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (the foregoing judgment became final and conclusive on January 23, 2015), and committed the instant crime during the suspended sentence period.