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 October 2, 2014, at around 23:00, the Defendant reported that illegal parking problems occurred in front of 87-lane 26, Seogu-gu, Gangnam-gu, Seoul, Seomun Police Station C District, which was called to the site, and demanded a drinking test on the opposite driver to E, who was a police officer belonging to the Seoul Suwon Police Station C District, but requested the police officer to take a drinking test on the face of the police officer who did not comply with the request. However, the police officer attempted to take the face of the police officer as a cell phone once a week, and the police officer was able to take the face one time as drinking by drinking, and the Defendant committed assault, such as removing the part on the attachment of the rank on the 112-day service clothes, and obstructed the police officer’s legitimate performance of duties in relation to the handling of 112 reporting duties, and caused on the part of the victim, who was in need of approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. A written diagnosis of injury;

1. The Defendant asserts to the effect that, at the time of the instant crime, he/she was in a state of heart loss or mental disability by stating that he/she had no memory under the influence of alcohol.

According to the records, even though the defendant was found to have drinking at the time of committing the crime, he did not have the ability to discern things or make decisions.

It does not seem to be in a state or weak.

The argument of mental disorder shall not be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime of bodily injury against D of the largest punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (the scope of recommendation) (the general scope of punishment) is a basic area (the period of imprisonment between four months and one year and six months).