A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

On August 23, 2015, at the front of Yangcheon-gu Seoul Metropolitan Government on August 17:25, 2015, the Defendant: (a) reported the fraud and conducted on-site investigation, such as gathering the statements of the police officers D and E belonging to the Seoul Gyeyang Police Station C District C District D and the reporter; (b) voluntarily taking a bath; and (c) carrying the said D and E on his hand carrying the chests of the said D and E, and taking the patrol cars parked therein, thereby hindering the legitimate performance of official duties in relation to the investigation of crimes D and E.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's assertion on each police statement against D and E argues that he was in a mental and physical state under the influence of alcohol at the time of the instant crime. According to the evidence duly adopted and investigated by this court, the defendant was in a state of drinking at the time of the instant crime, but the defendant did not have or did not have the ability to discern things or make decisions. Thus, the above argument by the defendant is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of a penalty;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of the obstruction of performance of official duties: Reduction according to the grounds for mitigation (a special person] from June to April (a year: the degree of violence is minor): One month to August (a ruling of sentence] that the defendant is found to be erroneous; the degree of violence exercised in the course of the crime of this case is not serious; and the defendant's age, character and behavior, criminal records, and circumstances after the crime are taken into account and all the other conditions of sentencing as shown in the oral proceedings, such as the defendant's age, character and behavior, criminal records, etc., the suspended sentence of imprisonment was ordered against the defendant as ordered.

It is so decided as per Disposition for the above reasons.