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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 11, 2013, at around 01:50 on February 11, 2013, the Defendant assaulted the Defendant, such as the opening of a rank flap, which was sealed by flabing the flab and attaching a shoulder, on the ground that the Defendant, at the Dju shop located in Gangnam-gu Seoul Metropolitan Government, was an employee, and the police officer called to the site upon receipt of the 112 report, was asked about the background leading the Defendant to the disturbance.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of damage;

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

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

1. The defense counsel's assertion on the defense counsel under Article 62-2 of the Probation Criminal Act asserts that the defendant, at the time of the crime of this case, made a statement that he was unable to memory under the influence of alcohol, and was in the state of mental disorder or mental and physical disability. Thus, according to the evidence adopted and investigated by this full bench, the defendant was found to have drinking at the time of the crime of this case, but he did not have the ability to discern things or make decision

Since it seems that the defense counsel cannot be seen to be in a state or weak condition, the above assertion by the defense counsel is rejected.

The reason for sentencing [decision of Punishment] When the obstruction of performance of official duties and coercion of duties (special sponsers) - Where the degree of violence, intimidation, and deceptive scheme of mitigation elements is minor [Determination of the recommended sphere] [Scope of punishment] The applicable provisions of applicable Acts] from January to August / [Scope of punishment]: Article 136(1) of the Criminal Act: one month to five years [whether or not the suspension of execution is suspended] - Major reasons for major reference: In cases of negative previous crimes of the same kind (not more than five years, not less than a suspended sentence, or not less than three times): Where the degree of positive assault, intimidation, or deceptive scheme is minor, the health status of the defendant who has a positive reflective motive.