A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 28, 2018, at around 07:20, the Defendant: (a) asked questions about whether there was an assault against E by the police stations affiliated with the Incheon Western Police Station D police stations; and (b) assaulted E on two occasions by his/her fingers, which was dispatched after receiving a report from 112, on the second floor of “C Public Notification Tele” in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. 【The grounds for sentencing of Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 the mitigated area of interference with the performance of official duties (type 1) (Article -8): Where the degree of assault is minor, 【The Decision of Sentence】 The display of the police gear at the time of light of public authority falls under the unfavorable circumstances along with the attempt to seize the police gear.

However, the proportion of mitigated persons, the ownership of violence tendency is not clear, and the good military power is suitable for careful treatment in society rather than custody.

The punishment for five months shall be determined within the scope of the recommended punishment, and the execution of the punishment shall be suspended for one year on condition that community service for the prevention of recidivism is provided.