A defendant shall be punished by imprisonment with prison labor 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

around 01:35 on May 6, 2018, the Defendant reported at the entrance of Gwangju-si 105, that “A person (at the time, the mother of the Defendant was dissatisfed) was used” at the entrance of the 105 Dong-si, Gwangju-si, Gwangju-si (hereinafter “Seoul-si Police Station D police box at the time”) and the circumstances leading up to the arrival of the police box E and the police box F, who was sent to the scene and asked the Defendant for the background leading up to the use of the person.”

C. He saw that he she was able to take a bath, and assaulted on the left side of the above E on one occasion the upper part of the F, and arrested a flagrant offender under the suspicion of interference with the performance of official duties, thereby getting on the patrol vehicle and drinking the windows of the patrol vehicle on board the patrol vehicle, and the number of the backs of the said E on one occasion.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officials on the handling of 112 reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of G and E;

1. Application of Acts and subordinate statutes to a report on investigation, notification of a department related to the report of 112 case, and a report on investigation (on-site CCTV verification);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, or the degree of obstruction of violence or public duties;

2. Determination of sentence [Public Prosecutor’s Opinions] 4 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, the fact that the defendant confessions and reflects, and the use of violence by the defendant is relatively minor, etc. is more favorable.