A defendant shall be punished by imprisonment for not less than eight 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 12, 2015, at around 21:05, the Defendant: (a) received 112 declaration that he did not pay the drinking value in the “Dudio” of the operation of the Franchising-gu, Busan; (b) took out a call at the site; and (c) tried to take the face of E with the left hand and take the drinking with the reason that he did not interfere; and (d) obstructed the treatment of E’s 112 declaration and legitimate performance of official duties in relation to the arrest of a flagrant offender, by assaulting, such as spitfling, etc. on the face of E in the course of the vehicle that he/she was arrested as a flagrant offender, to take aboard the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Article 136(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The scope of sentence comparison between punishment and recommendation punishment that has no basic area (6-1-4 months) (6-1-1 year and no special person): 6-1 year and four months (decision of sentence). Considering that the defendant, who has been punished several times for violent crimes, committed again the crime of obstructing performance of official duties, it is not good that such crime is committed.

However, in light of the fact that the crime is committed, the obstruction of performance of official duties was committed in 2005, there was no criminal record above the suspension of execution, the fact that the injured police officer was dead by finding the injured police officer, the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines set by the Supreme Court's Sentencing Committee, the punishment shall be determined as ordered.