A defendant shall be punished by imprisonment for six 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

【Criminal Power】 On January 19, 2007, the Defendant was issued a summary order of KRW 3 million due to the obstruction of performance of official duties by the Daegu District Court.

【Criminal Facts of Crimes】 On July 8, 2020, on the street in front of the “C,” located in Daegu Northern-gu, Daegu Northern-gu B, the Defendant heard the victim E (Nam, 45 years old), a police officer, who was dispatched to the site after receiving a report of 112, to return home from the victim E (Nam, 45 years old), who is a police officer belonging to the D Zone of the Daegu Northern-gu Police Station D District, Daegu Northern-gu, which was called to the site. However, the Defendant expressed the victim’s desire to read “I write back. I will write off my house. I will write my house. I will write my house.” The Defendant carried the victim’s chest and neck one time with both hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the police record statement to E, the public official identification card, the place of service, and the 112 Reporting Case Handling Table;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

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] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months and suspension of execution for two years, and the nature of the crime in this case is not less severe in light of the methods and results of the crime in this case, and the defendant has had several records of punishment due to the same kind of violent crime or obstruction of performance of official duties in the past.

On the other hand, however, there are favorable circumstances such as the confession and reflection of the crime of this case by the defendant, and the absence of force exceeding the fine.