A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 10, 2020, at around 23:14, the Defendant: (a) received 112 report from “C” located on the second floor of the Bupyeong-gu Incheon Bupyeong-gu B building, which read that “the noise is severe”, the Defendant obstructed entry by blocking the entrance door of the defective business establishment from the body in order to verify the reported matters by E in the circumstances belonging to the D District of the Incheon Bupyeong Police Station D District, which called out after receiving 112 report; (b) obstructed entry of the defective business establishment in order to check whether or not the above E is illegal business No. 5IP No. 2; and (c) committed the act of blocking the front of the above E and allowing two women inside the facility to escape to an emergency exit of the business establishment; and (d) assaulted the chest part of the above E with both hand.

As a result, the defendant assaulted the above police officer and interfered with his legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. The application of police statements to E of internal investigation reports, damage photographs, bags, and statutes governing cinematographic 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [No. 1] The obstruction of performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. The punishment of obstruction of the performance of official duties shall be determined within the scope of the sentencing guidelines set forth in Article 51 of the Criminal Act, including the following circumstances: (a) a person directly connected with the establishment of a national legal order; (b) a criminal with heavy influence on the establishment of a national legal order; and in particular, the defendant was deemed to interfere with the execution of official duties with the intent of hiding illegal singinginging operations; and (c) a person who has no record