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

1. On August 12, 2015, around 22:30 on August 12, 2015, the Defendant: (a) expressed the victim’s “Dcafeteria” operated in the Southern-gu Incheon Metropolitan City B apartment shopping mall to customers “cock” and interfered with the victim’s operation by force, such as breaking the chair.

2. 공무집행방해 피고인은 위와 같은 일시, 장소에서 112 신고를 받고 출동한 인천남부경찰서 E지구대 소속 경찰관인 F 경사에게 “야~이 씨~팔 좆같은 새끼야, 내가 뭘 잘못했냐 , 어디 해볼래, 이~씨발!”이라고 욕설하면서 손으로 경찰관의 어깨를 2회 밀치고, 머리로 가슴 부위를 들이받았다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes in writing C;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) A point of interference with business: Article 314 (1) of the Criminal Act;

(b) The point of obstruction of performance of official duties: Article 136 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is for the first crime (Interference with Business) (Scope of Recommendation), category 1 (Interference with Business), basic area (Interference with Business), category 2 (Obstruction of Performance of Official Duties) [Scope of Recommendation] / The scope of punishment for obstruction of Performance of Official Duties (In June to January 1) and basic area (in June to April 4) (Special / Special Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual: June to February 2 [Determination of Sentence]; Determination of Punishment for Suspension of Official Duties (Determination of Punishment) is one time before a fine due to the crime of obstruction of Official Duties, but it is not good in light of methods of crime, etc., but it is a contingent crime under the influence of alcohol.