A defendant shall be punished by imprisonment for four 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 21, 2019, at least 21:10 on November 21, 2019, the Defendant asked questions that E of the police box belonging to the Seoul Sungdong Police Station, who was dispatched to the site after having received 112 reports on the roads of “C” located in Seongdong-gu Seoul, Seongdong-gu Seoul, would have "drawing about why the police box assigned to the site", and assaulted the Defendant at the time of drinking the face of F for the mitigation of the police box belonging to the same police box that prevents him.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties by police officers.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of witness G;

1. The defendant asserts that the defendant's written statement of the police with F against F does not have any tension with E's rank, and that F's face is not true.

However, according to the evidence cited above, it can be sufficiently recognized that the defendant was in a uniform in order to see the E's rank, and that the F, who was next to the above, was the defendant's arms seeking to see it, when the defendant f's face was taken by drinking.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. 선고형의 결정 ◎ 불리한 정상 ; 피고인이 종전에 상해죄 등 폭력 관련 범죄로 3회 벌금형으로 처벌받은 범죄전력이 있는데도 같은 종류의 이 사건 범행을 범한 점, 공무를 집행하고 있는 경찰공무원의...