A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 (A notice of penalty payment) shall be confiscated.

Punishment of the crime

On September 30, 2015, at around 22:20, the Defendant was notified of the payment of penalty on the bus platform No. 21 in Songpa-gu Seoul Olympic Games, No. 21, No. 5, 21, from the background D (48 tax) affiliated with the Seoul Song-gu Police Station C (C) for illegal spirits, the Defendant obstructed the police officer’s legitimate performance of duties concerning traffic control by assaulting the police officer by seeking a notice of payment of the penalty, demanding the payment of the penalty, making the above circumstances D, and pushing D’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. The defendant and his/her defense counsel asserted that the protocol of seizure, list of seizure, and photograph of seized articles [the defendant and his/her defense counsel merely stated that the defendant committed an act of throwing off a penalty payment notice to D while putting the penalty payment notice at the ground while putting the same under dispute with D, and that he/she did not commit an act of throwing off a penalty payment notice to D or smuggling the body of D.

1. However, D's statements are reliable in compliance with the consistent and different evidence in the police and the court.

② If the Defendant did not wish to obstruct the performance of official duties as alleged, the Defendant appears to have no particular reason to arrest the Defendant as an offender in the act of committing a crime.

③ On the other hand, according to the police interrogation protocol (the investigation record No. 29 pages) against the defendant, the defendant was unable to participate in the crackdown itself even when he was investigated by the police after about 12 hours from the crime of this case. It is deemed that there is sufficient probability that the defendant committed the crime by extremely interesting at the time of the crime of this case.

Therefore, in full view of the above evidence and the circumstances, criminal facts in the judgment are recognized without reasonable doubt.

Application of Statutes

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended sentencing guidelines: Imprisonment for up to six months.