A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 8, 2020, at around 23:20, the Defendant received 112 reports from “Bnooman's shop” located in Bupyeong-gu Incheon, which was called “Boman's shop,” and called to the site, sent to the site the police officer D, who belongs to the Incheon Samsan Police Station C District, attempted to arrest the Defendant as a flagrant offender, and made a bath to the said police officer, and made the said police officer take a bath at one time on his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the CCTV at the police statement of D, police officers-related video CDs, and one statute applicable to the case;

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

1. Scope of applicable sentences under the Act on the Grounds for Sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "contributative circumstances") : One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: 8 months of imprisonment with prison labor and two years of suspended sentence: The liability for a crime shall not be minor in light of the content and form of the crime;

There is a record of fine for the same crime in 2009.

A favorable circumstances: The defendant recognizes a crime.

It seems that efforts have been made to commit a crime against police officers.

There shall be no electricity exceeding a fine.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.