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 November 14, 2019, around 00:45, the Defendant: (a) placed a fighting match from E, a police officer belonging to the Taeguan Police Station D District Unit of the Taeguan Police Station, who was sent to the site after having received 112 report on the fluor C and the fluore C, and thereby interfered with the legitimate execution of duties of police officials on the handling of reports of 112 on the face of E, by spiting the flus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to screen pictures by handling a 112-report case, on-site photographs, and photographing images;

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

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 punishment by 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. The Defendant was spiting down on the face of a police officer who is duly performing official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

As a result of the Defendant’s violation of the Emergency Medical Service Act in 2014, the Defendant was punished for a fine of KRW 3 million and for an injury in 2015.

However, taking into account the fact that the defendant shows a reflective figure by recognizing the crime, the fact that there is no same record, etc., the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.