A defendant shall be punished by imprisonment for one year.

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.

Criminal facts

On May 5, 2018, at around 21:00, the Defendant moved to the scene by a police officer, such as E, who was called up after receiving a report of domestic violence in the territory of the Defendant’s residence in Seodaemun-gu Seoul Metropolitan Government, 207 Dong 1101, and was called up after receiving a report of domestic violence during the dispute with the wife, and heard D’s statement from the Defendant, and without a warrant, enter the scene without the warrant.

“A police officer who has been called to enhance the speech of “” and tried to produce the police officer inside his house, and did not respond to the question of the police officer who asked the situation of the case and personal information.

Therefore, the circumstances of the police station, F notified the defendant of the summary of the crime and the reason for arrest, etc. to arrest a flagrant offender, and the police officer's left hand, who resisted the incident, who tried to take the lock, committed assault.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers and the field investigation of domestic violence cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A statement of 112 reported case handling;

1. Application of the Acts and subordinate statutes to photographs damaged by police officers on each spot;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service: Reasons for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [the types of decisions] There is no type of crime obstructing the performance of official duties (Interference with the performance of official duties) [the area of recommendations and the scope of punishment recommended] (the scope of punishment recommended and recommended], the basic area of punishment, six months of imprisonment to one year and six months.

3. Determination of sentence: One year of imprisonment, two years of suspended sentence (unfavorable circumstances) and two years of suspension of execution of official duties are not easy, a majority of the records of violent crimes ( favorable circumstances) repent their errors, wishing for the wife of the defendant to take the action against the defendant, and suspension of execution of imprisonment.