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

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to a suspended sentence of 2 years for the purpose of obstruction of performance of official duties in the Seosan Branch of the Daejeon District Court for the crime of obstruction of performance of official duties and is currently under suspended sentence.

피고인은 2015. 8. 3. 05:00경 보령시 C에 있는 보령경찰서 D지구대 앞 주차장에서 택시기사와 요금문제로 시비하던 중 위 D지구대 소속 순경 E로부터 택시요금을 지불할 것을 요청받자 택시기사와 순경 E에게 욕설을 하고, 계속하여 D지구대 사무실 안으로 들어가 동료 경찰관들에게 주차장에서 있었던 상황을 설명하는 순경 E에게 “시발년아 내가 거지인 줄 아냐, 후라질 년아, 이 보지 같은 년아, 시발 좆밥아, 이 후라질년아, 내가 거지인 줄 아냐”라고 욕설을 하면서 오른손을 들어 순경 E를 때리려고 하고, 그녀를 향해 침을 뱉어 가슴부위에 맞게 하여 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of video CD-related Acts and subordinate statutes

1. Summary of the assertion of the relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts and of the judgment on the defense counsel’s assertion

A. The act as described in the judgment of the defendant does not constitute violence to the extent that it interferes with the performance of official duties.

B. The Defendant was under the influence of alcohol at the time of committing the crime as stated in the judgment, and was in a state of mental disorder.

Judgment

The crime of obstruction of the performance of official duties is established by assault or intimidation against a public official performing official duties, and the term "Assault" includes not only the direct use of force but also the indirect use of force against a public official.

Supreme Court Decision 2007Do3584 Decided October 29, 2009 and Supreme Court Decision 2007Do3584.