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

On October 18, 2019, around 22:23, 2019, the Defendant filed a 112-report because he did not charge a substitute driving fee under the influence of alcohol at the Yansan-gu B apartment parking lot in the Jeonsan-si, Yan-si, Yan-si, and the Defendant sent to the site according to the above report.

피고인은 순경 E이 피고인에게 대리운전 요금을 지불하고 귀가하라고 하자 “십팔 좃 같은 놈아 뭐가 문제냐”라고 욕설을 하며, 112 순찰 차량인 F 차량의 뒷좌석 손잡이를 잡아당겨 열려고 하고, 위 경찰관들이 탑승한 위 차량이 출발하려고 하자 조수석 앞바퀴를 발로 막고 “가지 마라, 어디를 가느냐”라고 하며 팔을 벌려 순찰차의 진행을 가로막고, 위 순찰차가 뒤로 약 3m 정도 후진하자 계속 따라와 조수석 앞바퀴 앞에 발을 집어넣고 팔을 벌려 위 순찰차의 진행을 방해하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to patrol vehicles;

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 (the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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: A comprehensive consideration of the following circumstances, including the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, and various conditions of sentencing as shown in the instant records and the trial process.