A defendant shall be punished by imprisonment with prison labor 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 June 8, 2019, around 23:15, the Defendant abused the police officer’s legitimate performance of official duties for handling 112 reports, by assaulting the police officer, such as the person who gets home from the police officer, such as D District Assistant E, etc., sent out after receiving a report 112 that he/she was unable to get home from his/her office in front of the office of “C” located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and 112.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs and investigation reports (F testimony of witnesses);

1. Application of Acts and subordinate statutes to a report on investigation (the details of arrest and the use of outfits, and cases of faces of a suspect);

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;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The fact that the defendant had a number of criminal records of multiple violence is disadvantageous to the defendant.

However, considering the fact that the defendant acknowledges the crime, the degree of violence is not serious, and other circumstances that form the sentencing conditions in the records of this case, such as the defendant's age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., a punishment lower than the recommended sentence in the sentencing guidelines like the order shall be determined.