A defendant shall be punished by imprisonment with prison labor for up to six 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 December 11, 2019, at around 02:17, the Defendant was under the influence of alcohol at C located in Gangwon-gun B, Gangwon-do, and upon receiving a report from 112 that the Defendant was under the influence of alcohol, E belonging to the Young-gu Police Station D Zone Unit of the Young-gu Police Station called the Defendant’s residence.

On the same day, at around 02:35, the Defendant was at the entrance of the Defendant’s residence in the Gangwon-gun F, and without any special reason, the Defendant, under the influence of alcohol, expressed to the above police officer “I am on the part of the Defendant, I am on the part of the Defendant’s body.” In doing so, I am on the part of the police officer, and assaulted the instant police officer’s breath, thereby hindering the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to photographs of damage, 112 report handling table, internal investigation report (in relation to the above case, the measures taken by police officers in the first mobilization, and the measures taken for returning home on patrol vehicles, etc.);

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

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

However, taking into account the fact that the defendant shows the form of crime, the primary offender, etc., and other factors such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are considered.