A defendant shall be punished by imprisonment with prison labor 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

At around 21:00 on January 26, 2019, the Defendant: (a) committed assault against the Defendant in front of the C restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, with the 112 reported telephone, that “any people are wraped; (b) the police officer affiliated with the Seoul Yeongdeungpo-gu Police Station D District Unit, Seoul, Yeongdeungpo-gu Police Station, to arrest F as a flagrant offender committing a crime of violating the Punishment of Violences, etc. Act.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the G’s written Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

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

2. Scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of performance of official duties [the category 1] of the obstruction of performance of official duties (the special person concerned]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of the recommended sentence] of mitigation area, one month to eight months of imprisonment.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

An unfavorable circumstance: A normal condition that a crime of obstruction of performance of official duties is a crime that undermines the function of the state's legal order and requires strict punishment: The defendant's mistake is recognized and reflected, the degree of violence or obstruction of official duties is not severe, and the defendant seems to have caused contingent crimes, and the defendant is a first offender who has no record of criminal punishment.