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.

Criminal facts

On October 15, 2014, around 02:55, the Defendant assaulted the police officers E (Seoul, 38 years of age, and the F District police officer of the Gyeonggi High Police Station), etc. who called upon 112 after receiving 112 report to stop the Defendant who is booming and frighting for the players, and boomed them, such as hicking, hicking, hicking, and flicking, hicking, etc., of the taxi articles D and taxi fares.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers to the scene and the prevention of crimes.

Summary of Evidence

1. Partial statement of the defendant;

2. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;

2. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes the facts charged in this case as a substitute and reflects it, the fact that the defendant is considered as a criminal act committed by an drunkly, and there is no record of crime

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and behavior, and environment, were taken into consideration, and the sentencing guidelines for obstruction of performance of official duties, prepared by the Sentencing Committee