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.

Criminal facts

On April 5, 2016, the Defendant committed assault, such as b2:25, at the main point located in Jinsung-gun B, Jinnam-gun, with the report of 112, and followed the police officers’ legitimate execution of duties concerning the handling of the report by the police officers on the 112 report, and the police officers assigned to Jinsung-gun, Jinnam Police Station C for the Gyeong-nam Police Station, who tried to organize the site and to repair the building at one time, and continued to move out of the above main point and to move out of the patrol vehicle at another reported site, and then interfere with the police officers’ legitimate performance of duties concerning the handling of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of public duties and coercion of duties) of the type 1 (the prevention of interference with the performance of public duties and coercion of duties) is nonexistent;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The nature of the crime of this case committed by two police officers who have committed violence against him/her;

(k) favorable circumstances: The circumstances of radius, such as the fact that it appears to be a contingency crime in the state of drinking, the degree of assault does not seem to have so serious, the fact that there is no specific penalty force other than three times before 14 years, the fact that there is no specific penalty force, and the apology to the victimized police officers, etc.;

O. - Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the crime, are equally considered, and community service order is added with reflective and sexual reflection.