1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2018, at the main station located in Busan Jung-gu C around 21:35, the Defendant: (a) stated that the Defendant was urged to return home from the security guards E (53 tax) belonging to the police box located in Busan Jung-gu Police Station D (53) of the Busan Jung-gu Police Station, who was called upon upon receiving a report; (b) stated that the Defendant “I am home, sway,” and that “I am, sway,” and sent the victim’s left side buckbucks at one time.

Accordingly, the defendant assaulted public officials performing duties such as handling reports and preventing crimes.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determinations of types: Crimes Interfering with Execution of Official Duties - Obstruction of Execution of Official Duties - Types 1 (Obstruction of Execution of Official Duties);

(b) Special sentencing factors: Where the degree of assault is minor (a mitigated factor).

(c) Scope of recommending punishment: Imprisonment with prison labor for one month to eight months (reduction area);

3. Criteria for suspension of execution;

(a) Major reasons: Where the degree of assault is insignificant (a positive factor);

(b) General circumstances: Before the suspension of execution on at least two occasions, and alcohol addiction ( negative factors);

4. In this case, the decision of sentence shall be deemed to interfere with the execution of his duties by assaulting the police officer called out after receiving a report by the defendant who frighting the fright at the main point during night, and the nature and circumstances of the crime are not good.

Such crimes are highly likely to be subject to criticism because they interfere with police's duties in charge of public security affairs in society.

Due to the defendant's crime, police officials E seems to have suffered considerable mental shock and pain in addition to physical damage.

Nevertheless, the defendant has not been compensated for damage to E.

Furthermore, the defendant was punished as a crime interfering with the performance of official duties even before.