A defendant shall be punished by imprisonment for six 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 April 21, 2020, the Defendant committed assaulting the Defendant, at the Cju on the floor of Busan Jin-gu, Busan, on April 21, 2020, on the ground that, at around 22:26, the Defendant: (a) laid the external speculation under the influence of alcohol on the floor; (b) laid the belongings on the ground floor; and (c) laid the arms after receiving a report of 112; and (d) cutting them back from the patroler belonging to the Busan Jin-gu, Busan, on the ground level; and (b) laid the arms onto the above E’s face on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Statement to E by the police;

1. A written statement of F and G;

1. Investigation report (to hear telephone statements from a victim police officer);

1. 112 Reporting case handling table; and

1. Application of the Acts and subordinate statutes on site photographs, damaged photographs, CCTV images closure 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 applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties (category 1] and no person who has been engaged in the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and a suspended execution for one year, a crime of obstructing performance of official duties needs to be strictly punished as a crime that interferes with a public official’s legitimate performance of duties and disturbs the national public authority.

The defendant, under the influence of alcohol, assaults a police officer who was in charge of 112 reported cases without justifiable grounds, and the nature of such crime is not good.

However, considering the favorable circumstances in which the defendant is the first offender.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and arguments of this case shall be determined as ordered.