A defendant shall be punished by imprisonment with prison labor for up to 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

around 01:30 on August 14, 2019, the Defendant: (a) within the convenience point of “C” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (b) the police officer F, who was called up after receiving a report on D’s failure, attempted to arrest D as a flagrant offender for a suspicion of interference with the performance of duties; (c) obstructed the Defendant’s captain’s arrest; (d) obstructed the police officer’s body by hand; and (e) issued a warning from the above police officer that he may be arrested for obstruction of the performance of official duties; (d) continuously pushed the police officer’s body by hand; and (e) laid down the body of the said police officer by arms above the floor.

Accordingly, the defendant interfered with the police officer's legitimate arrest of flagrant offender due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to photographs, on-site and CCTV images taken by damaged police officers, 112 reported processing marks, and investigation reports (verification of CCTV images at the site);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family relationship, home environment, motive and means of a crime, and circumstances after a crime, shall be determined as ordered in consideration of the following factors: