The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On October 3, 2016, at the front of the C convenience point in Gwangju-gu, Gwangju-gu, the Defendant: (a) received a 112 report that a drunk guest did not get from a taxi; (b) received a recommendation to pay a taxi fee and return home from E from the police officer belonging to the Gwangju-dong Police Station D District Unit of the Gwangju-dong Police Station, which was called, and (c) performed a sudden bath, and dumbing the ebbb of the above E with his hand, and obstructed police officers’ legitimate performance of duties on the handling of 112 reports by assaulting him/her, such as using his/her face on one occasion of drinking, and walking his/her left mouth on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Place of service;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 (1) of the Criminal Act of probation and community service order;

1. The scope of recommendations on the sentencing criteria [decision of the types of recommendations] the scope of the obstruction of performance of official duties (decision of the scope of recommendations] the basic area [decision of the scope of recommendations] 6 months to 1 year and 4 months; and

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, shall be determined as ordered.

The circumstances that are disadvantageous: The use of violence to a police officer dispatched to his own illegal act brought about the waste of police force that should be used seriously for the prevention, suppression, etc. of a crime; there are many records of punishment for violent crime; the face of a police officer is different from his/her drinking: There is no record of punishment for the same crime; the confession of the crime was made; the mistake was unrecepted in depth and the recidivism was not committed.