A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2015, at around 22:30, the Defendant was required to explain the circumstances of the instant case from the Seoul Eastern Police Station C District D and the police station E, who was dispatched to the site after receiving a report on 112 without any justifiable reason, from the citizens under the influence of alcohol, at the 2nd line platform of the New Eastdong Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. 76-5.

그러자 피고인은 화가 나 “씨발 짭새 개새끼야, 좆도 아닌 게 꺼져”, “니 엄마 보지털이나 뽑아라”라는 등 욕설을 하고 주먹으로 D의 머리를 1회 때리고 발로 배를 1회 걷어찬 후, 계속하여 손으로 E의 엄지손가락을 꺾고 발로 다리를 걷어찼다.

Accordingly, D and E arrested the Defendant as a flagrant offender, and inflicted bodily injury on D's head within the patrol vehicle carrying the Defendant on the patrol vehicle twice, such as climatic salt, which requires approximately two weeks of treatment.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases and the maintenance of public order, and at the same time injured the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of the legislation in its opinion;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Criteria for sentencing the grounds for sentencing under Article 62-2 (1) of the Criminal Act for providing community service or attending lectures;

(a) Type 1 of the obstruction of performance of official duties (the scope of the punishment for the obstruction of performance of official duties) (the scope of the punishment for the obstruction of official duties) basic area (the imprisonment of six months to one year and four months);

(b) the offence of injury [type] general injury [Extent of general injury] basic area (referring to four months to one year) (referring to one year and six months of imprisonment), - Special mitigation: Insignificant injury (referring to one, four categories): In the case of obstruction of performance of official duties.