A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On April 18, 2016, at around 21:07, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the handling of reported cases by assaulting the Defendant, who was a police officer affiliated with the Incheon Southern Police Station D, who called the Incheon Southern Police Station D, and received a report that the Defendant satisfing the Defendant under the influence of alcohol, thereby soliciting the Defendant to return home, thereby obstructing the police officer’s lawful execution of duties regarding the handling of reported cases.

2. The Defendant insultd the victim E at the front of the restaurant at the above time on the day, in the direction of the police officer and the scam, etc., of the victim E, “I am see once, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see in a large voice.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of two crimes prescribed by the offense of obstructing the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The application of the sentencing criteria [the scope of the recommended punishment] is a crime of insulting the basic area (six months to one year and four months) (no person subject to special sentencing) of the category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (the scope of the recommended punishment) and the sentencing criteria are not set. Therefore, only the lower limit of the recommended punishment according to the sentencing criteria shall be considered.

2. Although the decision-making defendant should severely punish the police officer who performed official duties with regard to the use of violence, the fact that the defendant seems to recognize and reflect his/her crime and exceeds the fine of the defendant.