A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 23, 2008, the Defendant was sentenced to three years of suspension of execution on December 31, 2008 due to the crime of causing property damage, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on December 31, 2008. On January 7, 2011, the District Court sentenced the Defendant to four months of imprisonment due to the crime of obstructing performance of official duties, etc., and the said judgment became final and conclusive on April 18, 201, and completed the execution of imprisonment, the said suspension of execution on May 24, 2012, for which the said judgment was revoked.

피고인은 2014. 10. 12. 01:40경 서울 강남구 G 앞 노상에서 술에 취하여 친구 H과 싸움을 하던 중, 112신고를 받고 현장에 출동한 서울강남경찰서 I파출소 소속 경사 J이 싸움을 제지하려고 하자 J에게 “이 짭새새끼들 다 죽여버린다! 이 개새끼들아! 덤벼봐!”라는 등으로 욕설을 하면서 두 손으로 J의 목덜미를 잡아 뒤로 밀치고, 오른 주먹으로 J의 목덜미를 1회 때리고 발로 J을 차는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties related to the dispatch of on-site, suppression of crimes and on-site investigation according to 112 report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. Reference photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Previous convictions: Criminal records, personal identification and confinement status, copies of written rulings (of the Act, 2010Kadan2888, of the Government Branch Act, 2010No2536) and outputs verifying the fixed date, copies of written rulings (Seoul Central District Court Act, 2008Kadan2197) and reasons for sentencing (the confirmation date) [the scope of recommending punishment] shall be the basic area of obstruction of performance of official duties (for example, June-14).