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

At around 17:00 on September 17, 2019, the Defendant reported 112 to the Gwanak-gu in Seoul Special Metropolitan City, the second and the second floor, that “a man under the influence of alcohol has been divinged on the floor by reporting the urine,” and carried out the injury of the victim D (27 years of age) who was under the influence of alcohol and was divingd at the above location by the victim patroler of the Seoul Gwanak Police Station C police box affiliated with the Seoul Gwanak-gu Making Police Station, Seoul, the Defendant d (27 years of age) who was under the influence of alcohol, caused the victim’s face by drinking, and caused the victim’s injury, such as an open wound with a weight of two weeks in need of treatment.

As a result, the defendant interfered with legitimate execution of duties by police officers on patrols and protective measures, and at the same time injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report damage photographs, diagnostic reports, 112 reported case processing records, on-site CCTV images, and investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on any more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order [it is recognized that the defendant was in a state of drinking at the time of the instant crime, but it is difficult to recognize that the defendant lacks the ability to discern things or make decisions due to such fact];

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] general injury (special person): In cases of the obstruction of performance of official duties (the scope of recommendation field and recommendation range] increased area, six months to two years and six months; and

2. The defendant has a record of being sentenced to punishment for a large number of crimes, and again commits the crime although he/she was punished for the same kind of crime, and the police officer in the course of performing his/her duties has no justifiable reason.