A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 18, 2017, the Defendant 112 reported on September 18, 2017, on the street in front of the D cafeteria located in Daegu-gu, Daegu-gu, that the Defendant was driving, and the Defendant refused to comply with the Defendant’s questioning from the police officers F of the Jung-gu Police Station E District of the Daegu-gu, Daegu-gu, to verify the personal information of the police officers F of the police station, and caused the Defendant to spit down the fright on the chest of the police officer F of the said police officer, and down twice the F left side part of the police officer’s chest.

피고인은 계속해서 당시 현장에 출동한 위 지구대 소속 경찰관 G으로부터 제지를 당하며 공무집행 방해 현행범으로 체포될 것을 고지 받자 화가 나 발길질을 하는 등 행패를 부리며 위 경찰관 F의 낭 심을 1회, 다리 부위를 2회 걷어차고, 위 경찰관 G의 다리 부위를 1회 걷어찼다.

Accordingly, the Defendant assaulted as above and interfered with the police officer’s legitimate execution of duties concerning criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The place where he works in the E District;

1. The Defendant’s assertion on the Defendant’s photograph, and defense counsel’s assertion that he was in a state of mental and physical weakness by drinking at the time of the instant crime.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the court of this case and the contents of the defendant's statement, it cannot be deemed that the defendant suffered from drinking alcohol or did not have the ability to discern things or make decisions, and thus, the defendant's above assertion cannot be accepted.

Application of Statutes

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

1. The reason for imposing sentence of selective sentence of imprisonment [the type of decision] The reason for obstructing the performance of official duties (the obstruction of the performance of official duties and coercion of duties) [the person with special sentencing] - the extent of assault, intimidation, deceptive scheme, or interference with official duties is minor.