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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 1, 2020, the Defendant: (a) around 21:18, at the road in Guro-gu Seoul Metropolitan Government, Da-gu, “Ack-in is suspected of drinking;” “Ack-in is suspected of drinking”; (b) when the Defendant was requested by the head of the police station located in the D District of the Seoul Guro Police Station D District, which called “Mak-in who does not perform a drinking-in measurement”; (c) expressed a voice to “Mak-in”; and (d) assaulted E, such as “Ik-in”, “Ik-in” to the head of the police station located in the D District of Seoul Guro-gu, Seoul, and

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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 or coercion of duties [Special Convicts] - Reduction elements: In cases where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended punishment], there is no person who has been sentenced to imprisonment for one month to eight months (general person).

3. Determination of sentence: The Defendant, by exercising a direct force on the body of a police officer, committed the instant crime that disregards public authority, and the nature of such crime is not good.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s recognition of the instant crime and reflects the Defendant’s mistake in depth, the degree of assault is relatively minor, and the Defendant’s character and conduct, family environment, motive for committing the instant crime and circumstances after committing the instant crime, shall be determined in light of the sentencing conditions stipulated by Article