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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 20:30 on October 11, 2020, the Defendant: (a) sought to return home from the police officer E belonging to the Yangsan Police Station D police station that the Defendant was under the influence of alcohol after receiving a report of 112 that the Defendant was under the influence of alcohol; (b) stated that the above E “I am feasia, fasasia, Mazasia, I amfasia, I am arrested,” and assaulted the E’s shoulder and arms by hand, such as “I amfasia, I amfasia, I amfasia, I amfasia, I am arrested.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention.

Summary of Evidence

1. Application of Acts and subordinate statutes to police officers' records of statement E in the court statement of the defendant;

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. Grounds for sentencing for sentencing of Article 62-2 of the Criminal Act with regard to orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: One month to five years;

2. 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/performance of duties [the scope of recommendations and recommendations], the basic area of recommendation [the scope of recommendations and recommendations], six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account the following circumstances of sentencing, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances and results of the crime of this case, and all the conditions of sentencing as shown in the records and arguments of this case, in addition to a suspended sentence of one year for a period of six months:

An unfavorable circumstance: The crime of obstruction of performance of official duties requires strict punishment for a crime that interferes with the exercise of legitimate public authority, and thus interferes with the duty by assaulting a police officer who returned home, regardless of the defendant, under the influence of alcohol, and has been punished several times for violent crimes.