A defendant shall be punished by imprisonment for four 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

The facts charged are modified ex officio to the extent that it does not disadvantage the defendant's defense right.

On March 26, 2020, at around 21:40, the Defendant received a 112 report to the effect that he/she would not pay the taxi passengers a charge in front of the apartment apartment B of Michuhol-gu Incheon Metropolitan City, and received a notice of violation of the Punishment of Minor Offenses Act under the Punishment of Minor Offenses Act by the head of the police station of the Incheon Michuhol-gu Police Station C District, which was dispatched.

Therefore, the Defendant forcedly opened patrol lanes 53 of the police station Am. 53 and the chief of the police station, and forced him to stop front of patrol vehicles, and assaulted the chest and arms of the police officer, who was requested by the above police officer to return home from the police officer, on his hand, on the ground that he is bad.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of D’s protocol of statement to the police;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of type] according to the sentencing guidelines for the obstruction of performance of official duties [Type 1] and reduction elements of the obstruction of performance of official duties (special person]: Where the degree of assault and threat is insignificant (the area of recommendation and the scope of recommendation), mitigation area, imprisonment with labor for one month to eight months.

3. Determination of sentence: The act of obstruction of performance of official duties at a disadvantage of four months of imprisonment and one year of suspended sentence is highly likely to be subject to criticism in that it could promote a light of legal order and public authority, and there is a need for strict punishment.

A damaged police officer is punished for a defendant.

The defendant has been punished by a fine for special intimidation in 2018.

A favorable normal defendant.