A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Records] On May 18, 2017, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (refluence of drinking), at the Changwon District Court, and the said judgment became final and conclusive on the 25th of the same month.

[2] On February 16, 2017, at around 04:40, the Defendant: (a) expressed a desire to “D” restaurant located in Kimhae-si, and called “D” restaurant; and (b) expressed a desire to “F to write down bit bit bit bit bit bit bit bit bit bit bit son,” on the ground that a police officer affiliated with the House E District of the Seoul Police Station, who was called “F, bit bit bit bit bit bit bit bit bit bit bit son,” and assaulted F by drinking her chest, on his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a criminal investigation report (a photo and image attachment impeding the performance of official duties);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. While the sentencing guidelines are not applicable to the concurrent crimes of the latter part of Article 37 of the Criminal Code, the sentencing guidelines shall be described as reference.

[Scope of Recommendation] Obstruction of Performance of Official Duties/ Forced Performance of Duties (no more than 8 months of imprisonment) (Special Sentencing)

2. The Defendant, who was in a restaurant under the influence of alcohol, uses violence to a police officer called out after receiving a report, thereby obstructing the performance of official duties, and thus is not good.

Furthermore, even though the defendant committed the same crime in the past and was sentenced to a suspended sentence of imprisonment by this court, he committed a second offense without being aware of it.

However, the defendant reflects his fault in depth.

At the time, it is a crime that has been committed by drinking, and violence used by the defendant.