A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 22, 2018, at around 20:30, the Defendant, while under the influence of alcohol in front of Seo-gu Incheon, Incheon, Seo-gu, Incheon, the Defendant was subject to the 112 report.

The Defendant, upon receiving a report 112, was urged to return home from police officers D, etc. belonging to the Incheon Western Police Station C District D, etc., the Defendant, who was in possession of the 11st century, and the Defendant dumpedddd the above police officers, stating, “I ambly, I ambly, I ambly, I ambly, I ambly, I ambly, I ambly, I ambly, I ambly, I ambly, I am dead.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police records E of the statement of D, each written statement of F Preparation, the records of seizure, the place of service for the list of seizure, the records of seizure in 112 reported cases, the photographs of seized materials, and the photograph of victim DNA video data

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines [Article 1] : In cases of showing the threat of group or mass force or carrying dangerous objects (the area of recommendation and the scope of the recommended punishment] increased area, one year or four years of imprisonment;

2. Determination of the sentence of obstruction of performance of official duties needs to be strictly punished as an offense detrimental to the function of the State by nullifying the legitimate exercise of public authority.

Although the defendant had committed a criminal offense of obstruction of performance of official duties, he again committed the crime of this case which intimidation a police officer, who is a dangerous object, even though he had a criminal record of obstruction of official duties.

However, the defendant is led to his confession and his mistake is divided.