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 June 26, 2015, at around 00:15, the Defendant: (a) committed assault on “D” restaurant located in Seojin-gu, Seojin-gu; (b) the police officer called “D” restaurant, who was under the influence of alcohol, was unable to enter the police officer without returning home; and (c) the police officer was able to take a bath not to enter the police officer; and (d) the police officer, who was called “Saew-gu”, was in the police box of the Jeonjin-gu, Jinjin-gu, Jinjin-gu; (b) the Defendant’s cell phone was accompanied by two descendants, and obstructed the police officer’s legitimate execution of duties concerning the police officer’s taking measures and his duties inside the police box, such as taking the police officer’s cell phone into the face of G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the accused).

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

2. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of the performance of official duties, the basic area [the scope of the recommended sentence] of the first category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/the coercion of official duties], six months to one year.

3. Determination of sentence: The crime of this case for one year of suspended execution in April is committed against a police officer by assaulting him/her by leaving his/her cell phone at the police box, which was protected by the police box as a drinking disturbance, and thus obstructing the legitimate execution of his/her duties; in light of the circumstances and attitudes, the nature and circumstances of the crime and the criminal conduct are not less complicated; and the defendant has a record of having been punished several times for violent crimes and the same kind of crime, etc., which are disadvantageous to the defendant;

However, the defendant's mistake is against his own mistake while committing the crime of this case, and the defendant is making efforts to recover damage by depositing 1.5 million won.