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 one year from the date this judgment becomes final and conclusive.

Criminal facts

Around 04:40 on November 3, 2019, the Defendant received 112 report from the head of Seocho-gu Seoul Seocho-gu Police Station D (a police station) who was dispatched to the scene, and received notification from the head of the police station affiliated with the police station of Seoul Seocho-gu to the effect that “the Defendant is arrested as a flagrant offender in the crime of assault” and “the Defendant is arrested as a flagrant offender in the crime of assault” at the front of the “C” located in Seocho-gu Seoul Metropolitan Government. On November 3, 2019.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement to E by the police;

1. A written statement of F and G;

1. The defendant asserts to the effect that he/she is unable to memory his/her behavior under the influence of alcohol at the time of the instant case with respect to the defendant's assertion of a criminal investigation report (related to police officer bar campaigns) and a visual closure. According to the evidence duly adopted and investigated by this court, although the defendant was in a large drinking state at the time of the instant case, he/she did not have or lacks the ability to discern things or make decisions, and even if the defendant was in a state of mental disorder due to drinking, even if he/she was in a state of mental disorder due to drinking, he/she cannot be allowed to reduce or exempt the defendant's liability when he/she comes into a state of mental disorder under Article 10 (3) of the Criminal Act, so the defendant's above assertion is not acceptable.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of obstruction of performance of official duties [Type 1]: Six months to one year and six months (special person): [Decision of sentence] The motive and background of the instant crime.