A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 22, 2017, the Defendant reported to the effect that “A person who was a driver” in front of the C cafeteria located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, at around 04:35, 112, and received a recommendation for returning home from D Doc Zone D, Police Station D, Police Station of the Gyeonggi-si, and Police Station F, the Defendant tried to bring the Defendant’s mobile phone located on the Defendant’s side, while taking measures to recommend returning home from her police officer, and assault F to walk the Defendant’s cell phone that was left on the Defendant’s side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements;

1. Application of Acts and subordinate statutes to a criminal investigation report, part of violence, photo, diagnosis report on injury, and investigation report (G telephone statement hearing);

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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Public Prosecutor’s Opinion] 10 months of imprisonment / [Judgment] 6 months of imprisonment, and obstruction of performance of official duties for two years of suspended execution is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and rather, assaulting the police officer to assist the defendant is the need for strict punishment.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that the defendant has no record of the crime exceeding the fine or of the same kind, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the recommended punishment according to the sentencing guidelines under Article 51 of the Criminal Act.