A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 20, 2015, around 22:35, the Defendant: (a) 4 persons, such as slope E belonging to the Seoul Southern Police Station D District, dispatched with domestic violence reported at his own house located in Seoul Jungdong-gu, Seoul, and reported to the Defendant’s wife F to listen to the Defendant’s statement of damage related to reporting domestic violence; and (b) saw the Defendant’s her wife “this weather kis” and interfere with the police officer’s legitimate performance of duties concerning the handling of reporting 112, by putting the back of the slope E twice by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with witnesses F);

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 sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. Determination of sentencing shall be made by releasing, from the lower limit of the sentencing criteria, and the punishment shall be determined like the order, taking into consideration the following circumstances revealed in the pleadings of this case, such as the defendant's age, family relationship, tendency, etc.:

The favorable circumstances: The defendant committed a crime at the investigation stage to this court, in depth, and reflects the defendant's sexual intercourse, etc.; the police officer dispatched after receiving a report 112 from domestic violence to the defendant's wife was engaged in handling the report 112; however, the defendant, without any justifiable reason, was in poor conditions before and after the crime of this case; the defendant was punished for committing a crime related to domestic violence; there are two times the records that he was punished for committing a crime related to violence.