A defendant shall be punished by imprisonment for not more than ten 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 August 20, 2020, at around 01:56, the Defendant: (a) committed an assault against the police officer’s legitimate execution of duties concerning the treatment of civil petition reports by assaulting that “a person who is requested to pay taxi expenses and return home from the horse B belonging to the Maak Police Station, dispatched after receiving a report from 112 that “a person is going to know a guest on a taxi” in front of the entrance No. 4, 1604, the Southern-gu, Seoul Special Metropolitan City, the Southern-gu, Seoul Special Metropolitan City Southern-gu, 202.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to Chapter B of the police protocol, each investigation report to B, the closure of the video data, and the field photographing motion pictures;

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. The defendant asserts to the effect that the judgment on the defendant's argument regarding probation and community service order under Article 62-2 of the Criminal Act was in a state of mental disorder because he/she was drunk at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

Reasons for sentencing

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as per the order, taking into account the following circumstances, including the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime.