A defendant shall be punished by imprisonment for 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 May 26, 2019, around 01:47, the Defendant was subject to the control by means of a slopeD belonging to the Gyeonggi-gu Police Station of the Gyeonggi- which called the site after receiving a report of 112 at the bend event level of Dobong-gu B apartment C Dong in Sungsung-si, and called the site at the site.

피고인은 D로부터 주취소란 입건을 위한 인적사항 확인을 요구받자, 자신에게 잘못이 없다고 불평하면서 오른손으로 위 D의 어깨를 1회 밀치고, 몸싸움을 하다가 "아 씨발 내가 뭘 잘못했는데. 쳐 넣어 그럼. 아 씨발

가. 내가 뭘 잘못했는데."라고 위 D에게 욕설을 하면서 양손으로 위 D의 양팔을 1회 밀치는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 of the community service order;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended punishment] range of the mitigated area, and one month to eight months (the general person who is punished) of the imprisonment;

3. The crime of obstruction of the performance of official duties by sentence is an offense which undermines the function of the State by nullifying the legitimate exercise of public authority to establish the national legal order and safe social order, and needs to be punished strictly.

When the defendant has already been sentenced to a suspended sentence of imprisonment with prison labor in 2016, the defendant has already committed the crime of this case, and the nature of the crime is not good.

However, there was a relatively much emphasis on the confession and reflect of the defendant, and the degree of violence.