A defendant shall be punished by imprisonment with prison labor for four 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 December 22, 2019, the Defendant: (a) committed assault in a manner that obstructs the course of the patrol vehicle by blocking the patrol vehicle driven by the said D on the ground that D’s guards belonging to the said C Zone did not have the Defendant returned home to the patrol vehicle in front of the C Zone B, which was located in the Government-Si, on December 22, 2019, on the ground that D’s guards belonging to the said C Zone did not have the Defendant returned to the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (this refers to a police officer's DNA camp image analysis);

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties (category 1): Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of recommendation), the area of mitigation of punishment, one month to eight months.

3. Determination of sentence: The defendant, a year of suspended execution for a period of four months, obstructed the execution of his duties by blocking the police officer in front of the patrol, entering the bottom of the patrol police officer, on the ground that he/she had a police officer go home under the influence of alcohol.

However, considering the fact that the defendant reflects the wrong, the police officer's body did not exercise the direct tangible power, the fact that the defendant has no criminal record other than the punishment of a fine once for the crime of this species, and other factors of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered within the scope of the recommended sentence according to the sentencing guidelines.