A defendant shall be punished by imprisonment 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.

Punishment of the crime

On July 20, 2014, at around 03:15, the Defendant, at the bus stop near the river stop located in the Suwon-gu, Suwon-gu, Suwon-si, 72-ro, recommended the Defendant to invalid home, but continued to be enjoyed by the Defendant, and the above C called the Defendant’s cell phone by finding out the contact address of the person presumed to be the Defendant’s family from the Defendant’s cell phone, and used the said C as his hand, stating, “I am kick, I am hick, I am hick, I am hick, I am hick, I am hick.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the relief of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of the sentencing guidelines for recommendations [decision of types] : The category of obstruction of the performance of official duties - the scope of the punishment for obstruction of the performance of official duties / the scope of the punishment for obstruction of the performance of official duties / the basic area (two months to one year and four months):

3. Although the defendant who has been sentenced to punishment several times as violent crimes, the defendant committed the crime of this case in a drunken and contingent manner, and the degree of obstruction of performance of official duties is not relatively heavy, the punishment is determined as ordered by the order beyond the scope of recommendation.