A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On June 6, 2013, the Defendant, at around 01:30 on June 6, 2013, filed a dispute with E, a security guard of the above apartment, on the ground that he did not open the entrance of the above apartment, and requested G to open an apartment door even to the police officer, who was a police officer of Pyeongtaek-gu Police Station, called at the site upon receiving the Defendant’s report, but requested G to show his identification card to the Defendant. However, upon the demand of G to present his identification card, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. Application of the statutes governing police officers' photographs;

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

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

1. The defendant and his/her defense counsel's assertion on probation and community service order Article 62-2 of the Criminal Act asserted that the defendant and his/her defense counsel do not constitute obstruction of performance of official duties since the victim, who is a police officer, committed a assault under the closure

In the crime of obstruction of performance of official duties, the term "execution of official duties" includes not only the case where a public official actually performs an act necessary for the performance of official duties, but also the case where a public official is in a working state for the performance of official duties.

In accordance with the nature of the duty, it is inappropriate to separate the process of performing the duty individually and to discuss the commencement and termination of the duty individually, and there is a considerable reason to understand the process of performing the duty as a series of duties by combining various kinds of acts.

(See Supreme Court Decisions 94Do886 delivered on September 27, 1994; 99Do383 delivered on September 21, 1999). According to the health stand in this case, according to the evidence of the judgment, the time when the defendant inflicted an assault on the victim is completely terminated with regard to the 112-case reported by the defendant.