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 January 16, 2020, at around 23:55, the Defendant: (a) in the main corridor of “C” located in the Dongdong-gu Busan, Busan; (b) in the course of a dispute with D and Sinb with D of the said main owner’s business owner; (c) in turn, the Defendant was able to obtain a check from the Busan Dong-dong Police Station Edistrict F, which was called upon 112 report; and (d) used the Defendant’s chest by pushing the said F’s chest on a knb, and boomed with a flat.

On the other hand, the Defendant continued to assault the F in order to receive the Defendant’s personal information from the street prior to the above main point.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the F 112 Reporting Cases, which is a police official.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of performance of official duties [the category 1] of the obstruction of performance of official duties (the special person concerned]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of the recommended sentence] of mitigation area, one month to eight months of imprisonment.

3. Determination of sentence: The crime of obstructing the performance of official duties for a period of four months, and one-year suspension of execution is an act that undermines the establishment of legal order and the legitimate exercise of public authority, and thus, it is necessary to punish strictly.

However, in light of the favorable circumstances, the fact that there is no criminal history exceeding the fine imposed on the defendant, the extent of the assault committed by the defendant is relatively minor, and the police officer F sought a letter from the police officer F to the police officer F, and the police officer F wanting to find the Defendant's seat.

In addition, the age, character and conduct, family environment, motive, means and result of the crime, and the conditions of the sentencing shown in the records and arguments of this case, such as the circumstances after the crime.