A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 16, 2018, the Defendant: (a) committed assault, in front of the Daegu Jung-gu Police Station, Daegu Jung-gu Police Station, Daegu Jung-gu, 180, on the roads of the Public Security Center; (b) reported by the Defendant that the Defendant does not leave the taxi without knowing his destination; and (c) was asked by the slope D belonging to the police station of the Daegu-gu Police Station, the Defendant called to the site for questioning about the factual verification from the slope D, which was dispatched to the site after receiving the notification of 112; and (d) was under the influence of alcohol; (c) d's breast part of the chest was under the influence of alcohol once by hand; (d) d's chest was under the influence of alcohol; and (d) continued to have his face several times with hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the CDA-1 statute

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: The Defendant’s act of assaulting a police officer wearing a uniform and obstructing his/her performance of official duties is deemed to be against the nature of the crime, and the degree of obstruction of assault and official duties is relatively minor. Taking into account all the circumstances, such as the Defendant’s age, occupation, sex and environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., and the conditions of sentencing, such as the circumstances after the crime, etc.