A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 7, 2019, at around 05:13, the Defendant: (a) directed the Defendant on a taxi platform to help him go home, and (b) took the Defendant’s possession on the front of the patrol, “C” in front of the restaurant located in Ansan-si B, Ansan-si; (c) spitation of spits on the floor in the above restaurant while under the influence of alcohol, etc.; and (d) directed the Defendant on the taxi platform by the police box of the Ansan-gu Police Station D (28 years old) who was called up after receiving the report of 112 from the said restaurant’s employees, that he spits spits on the floor, etc.; and (c) took the Defendant’s possession on the front of the patrol, and assaulted the Defendant’s hand at once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Reports on internal investigation (information on arrest of flagrant offenders, etc.);

1. Application of statutes governing the place of work;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

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] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Circumstances unfavorable to the decision of sentence: The fact that a police officer’s crime interfering with the performance of official duties requires strict punishment in order to establish a state’s legal order and eradicate the light of public authority; the circumstances that the nature of the crime is not good in light of the method and attitude of the crime; the fact that the crime is recognized and reflected; the fact that there is no record of the crime exceeding the fine; and the fact that the defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. are recorded.