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

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

Punishment of the crime

On August 26, 2016, at the D parking lot located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, the Defendant received a report of 112 stating that “the person without his name is not flaging a vehicle,” and submitted a report to the scene, and on the ground that F is demanded to make a drinking test only for the Defendant’s friendship, and the owner of the parked vehicle, the Defendant did not demand a drinking test to the owner of the parked vehicle.”

“F was assaulted on the part of F, i.e., “F.,” “F.,” “F.,” “F.,” “F.,” “F.,” and “F.,” respectively.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, and the extent of violence, intimidation, and deceptive schemes;

2. Determination of sentence [Public Prosecutor’s Opinions] 6 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, considering the facts that confession and reflect, the fact that there is no record of the same kind of crime, etc., the punishment shall be determined within the scope of the recommended punishment in accordance with the sentencing guidelines in full view of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the various sentencing conditions in Article 51 of the Criminal Act as shown in the records and arguments.