A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 22:39 on May 19, 2020, the Defendant, upon receiving a report from 112 that the Defendant is suffering from disturbance at the front of Yeongdeungpo-gu, Suwon-gu, Suwon-gu, Suwon-gu, Police Station C Zone C District District, the Defendant: (a) expressed that D, “I am hys, hys, hys, hys, hys, hys, hys, hys, hys, hys, hys, etc.”; and (b) obstructed the police officer’s legitimate performance of duties concerning the handling of report by assaulting D’s hand at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs taken by the police officers to record D's statement;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:

It is necessary to strictly punish the crime of obstruction of the performance of official duties which interferes with the legitimate exercise of public authority, and thus undermines the function of the state.

However, the defendant took a bath to a police officer who was dispatched to restrain the defendant from disturbing drinking alcohol, etc. In light of the circumstances of the crime, the attitude of the act, etc., it is not very good that the crime of the defendant is committed.

The damaged police officers did not receive any tolerance from the police officers.

Before the crime of this case was committed, it was sentenced to a fine by committing the same kind of crime.