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

1. Around 02:00 on October 5, 2018, the Defendant obstructed business, at the main point of “D” operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, brought about a disturbance for about one hour, such as spiting, spiting, spiting, and spiting the bed on the floor of the victim, taking the victim’s bath, etc.

Accordingly, the Defendant interfered with the victim's business by force.

2. 공무집행방해 피고인은 2018. 10. 5. 03:00경 위 ’D‘에서, 손님이 행패 소란 중이라는 112신고를 받고 출동한 서울송파경찰서 E지구대 소속 경위 F으로부터 제지당하자 손으로 F의 몸을 밀치고 얼굴을 향해 때릴 듯이 휘두르고, 현행범인으로 체포되어 순찰차로 이동 중 머리로 F의 이마를 1회 들이받고, 발로 F의 허벅지를 수 회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to 112 reporting processing affairs, thereby hindering the execution of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to F and C;

1. Details of 112 reported cases;

1. Determination on the assertion by the Defendant of each CCTV video CD and his/her defense counsel

1. Summary of the assertion

A. In relation to obstruction of business, there is a fact that Defendant’s act was in dispute with the victim who insultings the victim, but the Defendant did not interfere with the victim’s business by avoiding disturbance, such as spitation, etc. on the floor.

B. As to the obstruction of performance of official duties, when the police officer F was called out, the act of obstruction of official duties by Defendant F was already terminated, and the Defendant asked F police officers F, who called out at the time, to explain the front of the case, to F, that the police officer asked F, who was called out, to “drasium f,” and there was no fact that F is displayed as if the police officer’s face would go to F.