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

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

Punishment of the crime

On April 2, 2016, at around 00:20, the Defendant: (a) 113, who was under the influence of alcohol and was locked on the floor of the Seocho-gu Seocho-gu Seocho-gu Seoul Special Metropolitan City at the front of the 113-dong Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”); (b) Donnam Police Station B Police Station B, who was called out after receiving a report of 112, took a bath to the defect C to check the residence in order for the Defendant to safely return home; and (c) assaulted C’s face on one occasion; (d) notified the Defendant of his right to appoint his defense counsel; and (e) arrested the Defendant as an act of interference with the performance of official duties; and (e) assaulted the police officer, such as the Don's hand, who was under the control of D

Accordingly, the defendant interfered with the legitimate execution of duties in relation to the receipt of report by police officers C and D 112 and the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of C’s written statements and D’s written statements;

1. Application of the statutes on images of damaged photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines (the sentencing guidelines shall not apply because each interference with the performance of official duties is related to the win-win concurrent crimes) / [decision on the types of the sentencing guidelines] / crime obstructing the performance of official duties, and no one (Interference with the performance of official duties) from among interference with the performance of official duties [the scope of the recommended punishment] / imprisonment with prison labor for not less than six months, but not more

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than eight months and a sentence for two years under the influence of alcohol prices the police officers who received a report under the influence of alcohol and sent out the same offense is inferior, the police officers D want to punish the defendant, the defendant has a record of being fined twice due to a crime of different types of punishment, and the defendant is punished for the same offense or exceeds a fine.