The punishment of the accused shall be determined by eight months of imprisonment.

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

Punishment of the crime

On March 15, 2016, at around 22:25, the Defendant: (a) received a report from the second floor of multi-family house in which the mother of C living in a de facto marital relationship with the Defendant in Gwangju Northern-gu, and received a request for returning home from the slope E belonging to the D District Police Station of the Gwangju Northern Police Station, who called to the site after receiving a report from the Defendant on drinking alcohol and not going into the said house; and (b) obstructed the police officer’s legitimate execution of duties concerning the notification processing of 112 reports by assaulting the Defendant’s her hand, such as breath, flading and shake.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 146 of the Criminal Act, the choice of punishment for the crime, Article 146 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) First-Class 1 (Determination of the type) a crime interfering with the performance of official duties, which interferes with the execution of official duties, [Determination of the territory of recommendation] mitigated area (where the degree of the above guidance of intimidation is minor), [the scope of the recommended punishment] imprisonment for not more than eight months;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: In the event that the defendant fails to comply with the request for eviction from another person's residence and uses violence to a police officer on duty after being called to the site, the issue is not easy in that it obstructs the proper performance of national functions and causes waste of police power that should be concentrated on the security and criminal investigation.

The defendant has already been sentenced to a suspended sentence of imprisonment due to a crime of obstructing the performance of official duties.

A favorable normal situation: Bridge of police officers.