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

except that 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 April 26, 2019, at around 00:53, the Defendant reported the occurrence of a traffic accident in front of the Ccafeteria located in Busan Jin-gu, Busan, and completed the handling of the report by the D District E, etc. belonging to the Busan Jin-gu Police Station, which was called the Defendant, and started the business after boarding the patrol vehicle.

At this time, the Defendant, for about five minutes of the complaint in the process of the above report processing, assaulted E, such as preventing the progress of the patrol vehicle in front of the patrol vehicle, and continuously putting the above E in front of the driver’s seat with the desire to put the shoulder of the above E in the left hand, and intending to bring the said E in the driver’s seat.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to report on investigation (Attachment of cell phone pictures related to a suspect's crime);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Determination of sentence: The decision shall be made as ordered in consideration of the fact that the defendant has been sentenced only once a fine, that the degree of obstruction of performance of official duties is not serious, and that other circumstances constituting the conditions for sentencing, such as the age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, etc., are considered.