A defendant shall be punished by imprisonment for not more than ten 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 May 18, 2018, at around 14:20 on May 18, 2018, the Defendant visited the police box to search for the mobile phone that he had left to the taxi at the Incheon Southern-gu Incheon Metropolitan City Police Station D police box, and visited the police box, and sent a telephone call and a text message via the telephone box. However, the Defendant called the mobile phone by drinking alcohol in the vicinity of the police box and searching for the mobile phone again.

Accordingly, the Defendant confirmed the above police box, CCTVs around the taxi wharf, and the police officer who was inside the police box on the ground that he did not find a mobile phone, took a bath, and interfered with the legitimate performance of official duties of the above police officer who was on duty in the police box, such as throwing away to the floor of the police box for about 10 minutes, and wearing the 10 minutes scam on the face of the police officer E belonging to the above police box and the police officer who was requested to return home from F, while serving him on the face of the police officer who was on duty of the above E and the police officer who was on duty of the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the statutes governing CCTV images of the case;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The punishment of the instant crime, which was committed by the police officers, who served in the police box where they wear a uniform, is heavier than that of the instant crime;

B. In light of the facts and contents of the instant crime, the Defendant had been punished several times due to the crime of obstructing official duties or insulting the police officer, etc., and the Defendant appears to have committed a sexual intercourse with the public authority. Therefore, it is strict inasmuch as the Defendant appears to have committed a sexual intercourse with the public authority.