A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On March 16, 2019, the Defendant was requested to return home after paying a charge from D to a police officer of the Seoul Coast Guard Police Station, who was patroled in the vicinity, on the ground that the Defendant was on board a taxi and did not pay a locking fee even after having arrived at Seocho-gu Seoul, Seocho-gu, Seoul.

Accordingly, after getting off from a taxi, the Defendant committed assault against D, such as “this spawn and this spawn”, “Is this spawn, Ispawn”, and spawn the face of the victim by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to a photograph of a damaged flag or a flag photograph;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties [Type 1] / coercion of performance of official duties (special person] - mitigated elements: In cases where the degree of assault, intimidation and deceptive scheme is minor, [the scope of the recommended area and the recommended punishment] mitigation range, imprisonment with prison labor for one month to eight months [the general person] mitigation element - In cases where the punishment is not imposed (where an unexpected injury has occurred] - In cases where the aggravated element is not imposed, the punishment shall be imposed (where less than 10 years have elapsed after the completion of the execution] - Major pride factor: In cases where the degree of assault, intimidation and deceptive scheme is minor, the punishment shall not be imposed (including serious efforts to recover damage) - In cases where the degree of assault, intimidation and deceptive scheme is minor, the serious reflective cause - General pride cause: at least twice a suspended sentence, addiction to criminal records or alcohol addiction.

3. Determination of sentence: Four months of imprisonment;