A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 July 18, 2019, around 00:40 on July 18, 2019, the Defendant: (a) committed assault to D, with a view to presenting an identification card or paying a taxi fee to a policeman affiliated with the above police box, and threatening D to “the person who gets off the scambling, scambling off the scambling,” thereby threatening D’s life or body; and (b) assault D’s scambling and scambling.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (topographys of crimes by suspects, photographs, and video attachment);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. 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 recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. The Defendant, who was sentenced to a sentence, threatened the police officer at the police box that became a Si guard due to the problem of taxi charges, and assaulted him.

In 2017, even though there has been a punishment of 10 million won due to obstruction of performance of official duties, it has been committed in the same kind of crime at the same time, and there have been several criminal offenses due to other crimes, which have a lot of possibility of criticism against the defendant.

However, the degree of assault used by the defendant is relatively weak.

The police officer did not have any injury due to the defendant's assault.

No defendant is sentenced to imprisonment.

The age, character and conduct, the environment, and the relationship to the victim of the defendant;