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.

Criminal facts

On November 3, 2018, at around 23:50, the Defendant was under the influence of alcohol in front of the “Crode branch in Gangdong-gu Seoul Metropolitan Government”, and when the slope E belonging to the D District District of the Seoul Gangseo Police Station, which was called after receiving 112 report, requested the Defendant to have dump and return home, and the Defendant was assaulted by his hand, such as flabing the instant E’s brogate, going back to his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the investigation report (verification of motion pictures);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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. Scope of recommendations according to the sentencing guidelines (decision of type), the category of obstruction of performance of official duties, the obstruction of performance of official duties, and the category 1 (Special Aggravation of Punishment): Where the degree of violence is insignificant (the scope of recommendations): Not more than eight months;

2. The defendant who has been sentenced to a sentence shall assault a victimized police officer in the course of performing his/her duties and interfere with his/her legitimate execution of duties, and the liability for such crime is not minor;

In addition, although the defendant was not a crime of the same kind as this case, he was found to have been subject to criminal punishment during that period.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the degree of violence was not much serious, and the fact that there was no record of punishment for obstruction of performance of official duties.

In addition, the defendant's age, character and conduct, degree of assault used, motive and circumstance of the crime, means and consequence of the crime, various sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.