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 May 23, 2018, the Defendant came to attach D and Si expenses at the front of the C cafeteria located in Mapo-si B around 01:50 on May 23, 2018.

On the other hand, a police officer belonging to the 112 military police station E zone who was dispatched to the scene after receiving a report, arrested the defendant as an offender of the crime of assault and tried to board the patrol vehicle, and the defendant assaulted the F's left face once by drinking it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Scope of the recommended punishment on the sentencing guidelines: Where the degree of interference with the execution of official duties is minor, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months), one month to eight months (the scope of the recommended punishment).

2. Determination of sentence - Determination of sentence - The defendant has no previous convictions, the character and conduct of the defendant, the environment, the circumstances of the crime and the circumstances after the crime, etc. shall be taken into account;