A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2015, the Defendant assaulted a police officer F, who belongs to the said district police station, to verify the personal information of the Defendant, while taking a bath for the Defendant’s assaulting E (57 years of age) at the Gu Government Police Station D on December 8, 2015, in relation to the suspicion that the Defendant assaulted the Defendant E (57 years of age) at the Gu Government Police Station D (C).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation;

1. A report on investigation (case of CCTVs in the D District);

1. Application of the CCTV closure Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. Determination of sentence: Imprisonment with prison labor for four months and a stay of execution for one year: The defendant's act of obstructing the police officer's investigation duties related to the suspicion of assault as a means of assault to harm the function of the State by nullifying legitimate exercise of public authority; therefore, it is necessary to impose severe punishment to establish national legal order and eradicate the light of public authority; circumstances favorable to the fact that there have been several penalties for violence: the defendant committed the instant crime in multiple times under the influence of alcohol; the defendant led to the crime in multiple times; the confession of the crime; the degree of interference with the execution of violence or official duties seems not to be serious; and other factors such as the defendant's age, sexual behavior, environment; the motive and circumstances leading to the instant crime; the means and result; and the circumstances after the crime, etc., the sentence shall be determined as per the order in consideration of various sentencing conditions stated in the records.