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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. On October 25, 2019: (a) around 05:13, the Defendant took a taxi operated by the victim C (the age of 60) in the vicinity of Mapo-gu Seoul National University, and arrived at the front of the Seodaemun-gu Seoul National University Hospital located in Seodaemun-gu, Seoul at around 05:30 on the same day, and requested the victim to pay taxi charges, “Cacta,” “this son,” and expressed the victim’s face twice as drinking.

2. 공무집행방해 피고인은 112신고를 받고 출동한 서울서대문경찰서 F파출소 소속 경찰관들에 의하여 폭행죄로 현행범 체포되어 2019. 10. 25. 06:20경 서울 서대문구 G에 있는 F파출소에 인치되자 그곳에 있는 경찰관들에게 “야 이 짭새 새끼들아, 씨발년들아, 애미 뒤진 새끼들아, 총 줘봐 다 쏴 죽여버리게”라고 욕설을 하고, 사무실 바닥, 책상, 벽 등에 수십 회에 걸쳐 침을 뱉고 갖고 있던 휴대전화를 경찰관들을 향해 던지려고 하는 등 소란을 피웠다.

Accordingly, when the police officer belonging to the above police box proposed the defendant, the defendant spited the face of H by drinking, and H several times.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of C’s written laws and regulations

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is aggravated by concurrent crimes with the punishment heavier than that provided for in the crimes of obstruction of performance of official duties, but to the extent that

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

A. Basic crime: Crimes of obstruction of the performance of official duties (determination of types of punishment).