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 20, 2019, around 05:57, the Defendant entered the “C” restaurant in the Masung City B, and the “B guest who works in a toilet” into the 112 report stating that “I wish to organize the inside site and to return home from E who was called out after receiving a 112 report and received a request from E to return home from the police officer belonging to the D District Unit,” and that “I want to carry out the flap of the police officer once.”

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. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing crimes;

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

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

1. Scope of punishment by 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: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. The fact that the Defendant, who was sentenced to the punishment of this case, recognized the crime of this case and reflects the nature of the Defendant, and the crime of obstruction of performance of official duties causes assault or intimidation to a public official who duly performs his duties, thereby undermining the function of the State, and thus, requires strict punishment compared to the ordinary act of assault or intimidation. The fact that there are many criminal records of a fine, the Defendant’s age, character and behavior, attitudes and attitudes leading to the crime, circumstances leading to the crime, means and motive of the crime, the means and consequence of the crime, etc., and all the sentencing conditions