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.

Punishment of the crime

On December 15, 2019, at around 00:30, the Defendant: (a) committed an assault against the Defendant at one time, on the roads of the Gama-dong 910, Gama-dong, Seo-gu, Seo-gu, Seo-gu, Daejeon, Daejeon, Police Station B zone, where the Defendant discovered that he was fluorcing, such as, under the influence of alcohol, blocking a vehicle driving ahead of a vehicle driving ahead of the two-lanes; (b) the Defendant attempted to turn the Defendant into the face of delivery and stop the vehicle.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention, investigation, and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the detailed statement of internal investigation, damage photographs, and 112 reported cases processing;

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 punishment by law: Imprisonment with prison labor for not more than 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] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Although the defendant committed an assault against the police officer who intends to protect him, the defendant was the first offender who has no criminal records; the defendant deposited KRW 700,000 as a compensation for damages with the police officer as a depositer; considering the circumstances favorable to the defendant, taking into account other factors favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and considering the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the scope of recommending sentencing is somewhat excessive; thus, the scope of recommending sentencing under the sentencing guidelines is determined to be somewhat excessive, and thus, the defendant deviates from the lower limit and determine the same as the order.