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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 10, 2018, the Defendant: (a) 22:20 on the street of the Jindo-gun, Jindo-gun, while driving a DNA car in front of the C art gallery located in Jindo-gun, brought a bath to the Defendant; (b) when he was under the influence of alcohol from F, and G, he was under the influence of alcohol. On July 10, 2018, at around 23:16, 2018, the Defendant saw the 0.104% of the blood alcohol content by means of the respiratory measurement, he saw the patrol vehicle that the Defendant intending to depart from the said F and G on board with his body, and was arrested as a flagrant offender committing the obstruction of performance of official duties, he spited the said G’s back head by getting on the back seat of the said G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The service log of the E box;

1. Application of the CD-related Acts and subordinate statutes to screen pictures taken at the site;

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. Basic sphere of application of the sentencing criteria [Scope of recommendations] The basic sphere of obstruction of the performance of official duties: Where there are many public officials who are punished by imprisonment for six months to one year and six months (person under special mitigation and mitigation) from six months to one year and six months;

2. The Defendant not only exercised violence against police officers in the process of performing legitimate duties, but also led to insulting behavior.

As a result, the degree of interference with the execution of official duties and the decline in the morale of the public officials is not easy.

On the other hand, however, the defendant is both aware of and against his mistake.

Damage police officers do not want to punish the defendant.

There is no record that the defendant was punished for the same crime.

The punishment shall be determined as ordered in consideration of all the sentencing grounds indicated in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.