A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On August 19, 2020, at around 09:55, the Defendant used the 112 reported phone, “driving a bicycle in drinking condition” at the front of the Guro-gu Seoul apartment, Guro-gu Seoul, and used assault by the Defendant at the time of being requested by the superintendent of the police box of the Seoul Guro-gu Police Station C, who was called for a drinking test by D, and by hand, when the above D’s face face, face, part of the neck, and part of the neck.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger using a d police statement E and a written statement prepared by F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness under the influence of alcohol.

2. The records of this case show that the defendant had drinking alcohol to a certain degree at the time of the crime of this case, but in light of the circumstances leading up to the crime of this case, the method of the crime, and the circumstances following the crime, etc., it cannot be seen that the defendant had a weak ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, this part of the argument by the defendant and the defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] Crimes impeding the performance of official duties: [Type 1] No interference with the performance of official duties/no coercion [no person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, six months to one year and six months;

3. Determination of sentence: Imprisonment with prison labor for six months, and conditions unfavorable to two years in suspension of execution: justifiable public authority;