A defendant shall be punished by imprisonment for not less than eight 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

On October 04, 2014, at around 00:10, the Defendant smoked a cigarette in front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu B, and laid away tts on the floor.

Accordingly, the police officer D, who was on patrol, who was at the time of carrying a patrol vehicle, required to present identification card related to the violation of the Punishment of Minor Offenses Act by the police officer D, who was in charge of the patrol vehicle, expressed the above D’s desire to “Chewing frighting, frighting frighting frighting,” and displayed the drinking to the person who was demanded to present his identification card again, and thereby, the right hand of the D’s above frighting frighting of the above D frighting, and obstructed the police officer’s legitimate execution of duties concerning the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution two years, community service work 40 hours, Defendant appears to have caused contingent crimes of this case under the influence of alcohol and other factors such as the age, character and conduct of the Defendant, circumstances after crimes, etc. shall be determined as the disposition.