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 March 16, 2018, the Defendant received a report from the police officer C who called “no taxi driver shall be under the influence of alcohol” in the taxi stopped in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and received a demand from the police officer C to settle the taxi fee and return to home.”

The Defendant, without any justifiable reason, assaulted C’s face one time by drinking, while taking a bath against the said C.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigative reports (facam confirmation and attachment of video data);

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

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

1. One to five years of imprisonment with prison labor for the range of punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] of the obstruction of performance of official duties (the first type] of the obstruction of performance of official duties (the special person concerned): In cases where the degree of violence, intimidation, and deceptive scheme is minor, non-permanent area of punishment [the scope of the recommended punishment and the recommended punishment] of special mitigation area, and one to eight months of imprisonment.

3. Determination of sentence: Cases of assaulting a police officer in uniform dispatched after receiving a report of four months of imprisonment with prison labor or one year and one year of suspended execution, and the nature of such offense is not good;

However, in full view of all the circumstances revealed in the trial process, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following: (a) the defendant confessions all the crimes; (b) the victim police officers were subject to punishment; and (c) the victim police officers were not subject to punishment; and (d) the victim police officers have no criminal records prior to the instant case;