A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 October 6, 2018, at around 22:50, the Defendant set up a Defendant’s frighting passenger car in the Handong-gu, B adjacent to the Sound Group B, Chungcheongnambuk-do, and the Defendant reported 112 of the number of the witnesses.

피고인은 같은 날 23:10경 112신고를 받고 출동한 충북음성경찰서 C지구대 소속 경장 D의 요청으로 음주감지기를 불었다가 음주 감지되자, 격분하여 손으로 그의 배를 5회 밀치고 오른발로 그의 왼쪽 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to investigation reports (suspects' crime video CD attachment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. Consideration of the circumstances leading up to the determination of sentence, degree of obstruction of performance of official duties, criminal records, circumstances after the crime, and other sentencing conditions.