A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years after the judgment becomes final and conclusive.

Punishment of the crime

On September 20, 2019, at around 03:45, the Defendant received 112 report from the Gwanak-gu in Seoul Special Metropolitan City, that “the taxi customer will be able to guide and sound the fare,” and tried to leave the scene after confirming the facts, the circumstances D belonging to the Seoul Gwanak Police Station C District, Seoul, which called “the taxi customer will be able to return home after paying the fee,” and the Defendant tried to leave the scene.

Therefore, on the ground that the victim D(the age of 49) who is a police officer in mobilization controlled the victim, the defendant committed assault against the victim by arresting the victim's chest on one occasion with the defendant's arms, arresting the victim's body several times with the defendant's body as an act in the obstruction of performance of official duties by arresting him as an act in the crime in the obstruction of performance of official duties, again taking the face of the victim by the defendant's arms.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers who execute the 112-report handling affairs.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of D police statement;

1. The written statement of the defendant;

1. E statements;

1. A report on investigation (a statement by a police officer in the same police agency);

1. Investigation report (CCTV image investigation);

1. A report on investigation (related to the payment of taxi fares);

1. A report on investigation (as to patrol booms video)

1. Application of Acts and subordinate statutes concerning evidence image;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months, and the defendant with a suspended sentence for two years shall be subject to criminal punishment for assault-related crimes;