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.

Criminal facts

On February 23, 2015, the Defendant: (a) around 01, around 23:00, at around 23:00, expressed a bath to the police officer, who was requested to return home from the slope D belonging to the Seoul Gangseo Police Station C District of Seoul Gangseo-gu, which was dispatched after receiving a report of 112 while drunking a disturbance, such as a fluoring the remaining fluor, by drinking alcohol, and driving off the fluor, etc.; and (b) who was requested to return home from the slope D. of the Seoul Gangseo Police Station; and (c) “A sound fluened.”

Accordingly, after the defendant was notified that the defendant was arrested as a flagrant offender of the offense of insult, the defendant's hand was taken to the patrol car, and the defendant, despite being aware that the above police officer knew of the fact that he was performing his official duties by wearing his uniform, committed assault by his hand, such as cutting down his left kne and kneing his arms with knee.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The Defendant asserts that the Defendant was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly adopted and examined, although the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make decisions due to the fact that he did not have the ability to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Reasons for the sentencing of Article 62-2(1) of the Probation Criminal Act [Scope of Recommendation] Basic Area of obstruction of Performance of Official Duties: Six months to one year and four months (special person). [Pronouncement Decision] The degree of damage caused by the instant crime, and the defendant's mistake.