A defendant shall be punished by imprisonment for six 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

The Defendant, with Chinese nationality, entered the Republic of Korea on July 25, 2019 with a short-term visit (C-3) sojourn status, and was arrested as a flagrant offender in violation of the Punishment of Minor Offenses Act at the “C District District” located in Bupyeong-si on August 13, 2019 on August 21, 2019.

At the same place of 22:10 on the same day, the Defendant released the locker E, who was faced with the Defendant’s hand, in order to investigate the Defendant and hand over the Defendant to the office, provided that the police officer D, who was in front of the Defendant, expressed that he would be “heat”, and took once the chest of D on a drinking, obstructed the police officer’s legitimate performance of duties concerning the management of personal illness, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Work site in the C District;

1. Application of Acts and subordinate statutes, such as a report of investigation (Securing and analyzing CCTV images), capture photographs of CCTV in the C District, investigation reports (Attachment to the records of the case, such as violation of the Punishment of Minor Offenses Act), arrest reports on flagrant offenders, 112 reported case lists, internal investigation reports, etc.;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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. The punishment that prevents a police official from performing his/her duties by a police official who wears his/her uniform is not minor;

However, the defendant's mistake is deeply against the defendant's recognition of the crime, the motive and circumstance of the crime of this case, the contents and degree of obstruction of official duties, the circumstances after the crime, and other reasons.