A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On September 11, 2018, from around 00:06 to 01:37, the Defendant: (a) was informed of a disposition of violation of the Punishment of Minor Offenses Act by a police officer D belonging to the police station of the Guro-gu Seoul Metropolitan Government Police Station, which was called after receiving a report from the 6th floor of Btel in Guro-gu Seoul, and called out after receiving a 112 report; (b) was informed of a disposition of violation of the Punishment of Minor Offenses Act by a police officer D, who was subject to disposition of violation of the Punishment of Minor Offenses Act; and (c) when the police officer want to take a patrol vehicle and drive the patrol vehicle, the Defendant was unable to take the door of the driver’s seat of the patrol vehicle in hand and close the driver’s seat door by leaving the cell phone of the Defendant three consecutive times from around 01:5 to 02:08 on the same day; and (d) obstructed the police officer’s execution of the instant report by obstructing the police officer’s body from closing the police vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording records;

1. Application of video CD-related Acts and subordinate statutes

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: The defendant has a number of investigation records on violent incidents from 2014 to 2019, including the receipt of a disposition of suspension of indictment for an attempted crime, such as attempted damage to public goods.

Article 51 of the Criminal Act, such as the aforementioned circumstances, the motive and background, means and result of the instant crime, the contents of tangible force exercised, the age, character and conduct, environment, criminal records, and the circumstances after the crime.