A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

Around 20:40 on June 30, 2014, the Defendant assaulted the Defendant’s house located in Gyeyang-gu C apartment 1302 Dong 1802 Dong 1802, J (the Defendant’s wife) to enter the Defendant’s house to interview the reporter by entering the police officer E (the circumstances belonging to the F District of the Goyang Police Station F District) dispatched after receiving 112 report that D (the Defendant’s wife) was subject to domestic violence from the Defendant, and obstructed the Defendant’s legitimate execution of duties regarding handling the police officer’s 112 report.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;

2. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the facts charged in the instant case and reflected against the defendant, that police officers E does not want punishment against the defendant, and that the defendant must support the wife and her children.

Furthermore, the sentencing data expressed in the arguments, such as the Defendant’s age, character and conduct, environment, and criminal records, are taken into consideration equally, and the sentencing guidelines for obstruction of performance of official duties formulated by the Sentencing Committee also