A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 1, 2015, the Defendant was under the influence of alcohol in front of the Macheon-si Public Health Center located in the Dong of Macheon-si, Sincheon-si, and obstructed the passage of vehicles. On December 1, 2015, the Defendant demanded the police officers C and D to guide the Defendant to the outside of the road by the police officers assigned to the police units of the Macheon-gu Police Station B, who was called after receiving the 112 report, and the police officers assigned to the police units of the Macheon-gu Police Station B, who were sent to the outside of the road.

Accordingly, the above police officers solicited the Defendant to leave the bus by burning the patrol lane to the front of the bus terminal located in the city of 126-7 Sincheon-si, the center of the city of 1,000, and the Defendant used the above police officers to stop the front of the patrol vehicle, stop the front of the patrol vehicle, stop the front of the patrol vehicle in Seoul, stop the front of the patrol vehicle, stop the part of the front of the patrol vehicle in several times, stop the vehicle from the above C, take a bath to the above C, and assault C’s chest with the hand, cut down once, and assaulted C’s chest by walking the upper end of his left mouth.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order such as patrol duty of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (related to the situation at the time of arrest);

1. Application of the Acts and subordinate statutes to photographs, such as damaged parts of the victim;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for the sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one-month interference with the performance of official duties and the coercion of official duties) [the person subject to special mitigation] [the decision of sentence] four months in imprisonment, and the crime related to the obstruction of the performance of official duties for one-year suspension of execution is a crime detrimental to the national function by nullifying the legitimate exercise of public authority, so it is necessary to establish a national legal order and eradicate the light of public authority.

However, the defendant committed the crime of this case in contingency under the influence of alcohol.