A defendant shall be punished by imprisonment with prison labor for up to six 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 August 7, 2020, the Defendant 1:09, at the entrance of the C main office located in the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

b)The notification that the police officer belonging to the Rocheon Police Station D' was sent to the police officer of the Rocheon Police Station, and the police officer of the Rocheon Police Station committed assault, such as the police officer's walking at one time, to arrest the defendant who is likely to be in danger, in order to arrest him/her as a current offender, at the same time, in order to prevent him/her from entering the main place.

Accordingly, the defendant interfered with the police officers' legitimate execution of their duties concerning the handling of reports and crime prevention, suppression, and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (an aggravated punishment imposed on a person who interferes with the performance of official duties against F with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of punishment recommended according to the sentencing guidelines for each of the defendants shall be in an ordinary competition relationship with each other.

In the sentencing guidelines, the sentencing guidelines do not provide a separate method for dealing with the commercial concurrent crimes, so it is difficult to conclude that in the case of the commercial concurrent crimes, the higher of the recommended sentencing range for each individual crime is applied, but it is necessary to appropriately refer to the sentencing guidelines in the case of the commercial concurrent crimes.

[Determination of Type] Interference in the Performance of Official Duties, 01. [No. 1] Interference in the Performance of Official Duties / [No person subject to special sentencing] [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months.

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for the crime of this case for two years, while the defendant was under the influence of alcohol, it shall be sentenced to a punishment of vagabonds with his family.