A defendant shall be punished by imprisonment for six 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 September 5, 2015, at around 00:52, the Defendant: (a) committed assault to the F so that the police officer assigned to the Seoul Yeongdeungpo Military Police Station Estation, a police officer called out after receiving 112 a report that the proprietor was at the front of the D cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government, would be at risk of sleeping; (b) thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the 112 reported case, by assaulting the F, “I am out of why the frie is dle, dead, and satched,” and neglecting the police officer’s duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of photographic Acts and subordinate statutes to black stuffs and motion pictures;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The sentencing criteria [Scope of Recommendation] where the degree of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (one month to eight months) of Grade 1 (Obstruction of Performance of Official Duties and Compelling of Duties) for the obstruction of performance of official duties;

2. In the event that the Defendant’s decision-making on sentence has obstructed the exercise of legitimate public authority by assaulting a police officer, the nature of the offense is not very good and requires strict punishment in order to establish the public authority.

However, considering favorable circumstances, such as the fact that the defendant recognized his own criminal act, the degree of damage suffered by the police officer is not significant, there is no record of crime exceeding the fine against the defendant, support of the wife and her children, etc., the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the above various circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments and records.