A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 12, 2014, at around 00:50, the Defendant, while drinking alcohol at “C dan” in Pyeongtaek-si’s underground, obstructed a police officer’s legitimate performance of duty by assaulting the Defendant’s performance of duty related to the handling of 112 reporting, following the Defendant’s wife’s 112 report that “The slope E affiliated with Pyeongtaek-si Police Station D, who called for the Defendant, explained the details of the report to the Defendant, and verified whether he had attempted to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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. The sentencing guidelines (a decision of type) shall be sentenced to the suspension of performance of official duties, Type 1 (a range of recommending punishment) imprisonment from one month to eight months (a case where mitigation area and degree of assault are minor);

2. The crime of this case, which was determined to be sentenced, requires strict diversification because of the use of violence against a police officer who is lawful performance of official duties, thereby impairing the authority of the public authority and impairing the establishment of legal order. However, the defendant appears to recognize the facts charged of this case and reflects his/her mistake, the defendant has no record of being punished for the same mistake or of being sentenced to a fine exceeding the fine, and other circumstances shown in the records, such as the defendant's age, character, conduct, home environment, etc.