A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. Around 04:00 on September 15, 2017, the Defendant obstructed the victim’s taxi operation for about 25 minutes, including the victim’s 25 minutes of sound, i.e., getting on a taxi operated by the victim B and demanding the victim to pay the taxi operation fee and the expressway passage fee. The Defendant offered that the victim cannot pay the taxi operation fee and the expressway transit fee.

2. 공무집행 방해 피고인은 제 1 항 기재 일시 및 장소에서, B의 도움 요청을 받고 출동한 서울 강서 경찰서 E 지구대 소속 경위 F로부터 고속도로 통행요금 900원을 돌려받은 후 귀가할 것을 요구 받았음에도, 카드 결제를 취소하는 방법으로 택시요금을 환불해 달라고 억지를 부리면서 택시에서 하차하지 아니하였고, 이에 F로부터 업무 방해의 현행 범인으로 체포되자 팔짱을 낀 채 팔꿈치로 F의 가슴 부위를 3회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B and F;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is not good that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant did not compensate for damage.

However, the sentence was determined by comprehensively taking into account the following factors: the defendant is the first offender, the confession and reflect of the crime, the defendant's age, sexual conduct, circumstances after the crime, family relationship, etc., and various sentencing conditions shown in the theory of change.

It is so decided as per Disposition for the above reasons.