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 February 22, 2015, at around 21:15, the Defendant: (a) committed assault, such as 413-49, the Guro-gu Seoul Metropolitan Government Doro-dong 413-49; (b) the Defendant, who was requested the police officer E to present an identification card from the D Zone D District of Seoul, Guro-gu Police Station, Seoul, which was called upon the report by B while getting on and off the C cab driven by B and the C Doro-si, and called, “Chewing impe, if the E is the police, and why why he is why he should deliver an identification card,” thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The Defendant’s assertion on the written statement by the police as to E and B is alleged to the effect that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime. According to the evidence duly adopted and examined, although the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make a decision.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties: Six months to one year and four months [no person who has been specially punished] / [decision of sentence] The degree of damage caused by the instant crime / the Defendant’s mistake, the fact that the Defendant has been sentenced to a fine due to several violent crimes before the instant case, and other various sentencing conditions such as the Defendant’s age, environment, and circumstances after the instant crime, etc., the Defendant is sentenced to a suspended sentence of imprisonment, and the Defendant is ordered to provide community service for a certain period of time.

more.