A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 7, 2017, around 22:24, the Defendant assaulted the face of the above C by taking care of the Defendant’s hand from the back of the Defendant, to restrain the Defendant, who was under his command a 112 police officer called out after receiving a report that the assault case occurred, on the roads of the Yongsan-gu Seoul, Yongsan-gu Office, Yongsan-gu, Seoul, Seoul, and received a 112 report that the assault case occurred.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of the photographic 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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person subject to special sentencing] [decision of sentence] [the defendant commits any crime in another case even though he/she had the record of being punished as a crime of obstructing the performance of official duties, and the fact that the nature of the crime is not somewhat weak in light of the form of the act.

However, the punishment shall be determined as ordered by taking into consideration all the factors of sentencing, such as the fact that the defendant is divided into a mistake, the background leading up to the crime, the age of the defendant, sex behavior, environment, etc.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant can be acknowledged that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime of this case, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above argument cannot be accepted, it shall not be accepted.