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 November 16, 2019, at around 20:40, the Defendant, at the main point of “C” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, 2019. On November 16, 2019, the Defendant took a bath to “C”, and requested the Defendant to return home from E (55 years of age) who was dispatched to the D District Unit at the Seoul Guro Police Station, after receiving a report from 112 that “nick two son son son son son son son son son son son son son son son son son son son son son son son son son son.” The Defendant continued the disturbance for about 15 minutes, the Defendant was prevented from leaving the Defendant, and the Defendant was asked to return home again from the first floor of the building, and the Defendant took a bath to “C son son son son son son son son son son son with the left floor.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties, the basic area [decision of the recommended area] of the first category [decision of the obstruction of performance of official duties] of the obstruction of performance of official duties, six months to one year and six months;

2. According to the decision of sentence, the sentence shall be determined by taking into account the following specific circumstances and the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions indicated in the present arguments and records, such as the order which is somewhat lower than the lower limit of the recommended sentence.

An unfavorable circumstance: A crime of obstruction of performance of official duties is a crime detrimental to the function of the State by obstructing the exercise of legitimate public authority, and requires strict punishment; the circumstances that the nature of the crime is not good in light of the method of assault are recognized as a crime; and one million won for a damaged public official.