A defendant shall be punished by imprisonment for six 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 October 14, 2016, at around 20:20, the Defendant interfered with the business, at around 20:20, the victim D, an employee of Gangdong-gu Seoul Metropolitan Government, was in possession of the victim D, who sought an order, and took a bath, fluence, and the Defendant obstructed the victim’s restaurant business by force by preventing the victim from entering the victim’s restaurant business by putting about 30 minutes of the disturbance, such as lying the door on the floor, and lying the door on the floor.

2. 공무집행방해 피고인은 같은 날 20:50경 같은 장소에서 112신고를 받고 출동한 서울강동경찰서 E지구대 소속 순경 F가 위 식당 바닥에 누워 있는 자신을 깨웠다는 이유로 욕설을 하고 발로 F의 다리를 수회 걷어차고, 공무집행방해죄의 현행범으로 체포되어 위 식당 앞길에 세워둔 순찰차에 태워지는 과정에서 뒷좌석에 앉은 채 발로 F의 가슴 부분을 1회 걷어찼다.

Accordingly, the defendant interfered with F's legitimate execution of duties concerning F's 112 reporting processing.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and D;

1. Each written statement of G and H prepared;

1. Application of the investigation report (the cutting of CCTVs and photographs in generated areas) and the Acts and subordinate statutes governing CCTV video recording;

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of official duties and the choice of imprisonment);

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

1. The reason for sentencing of Article 62(1) of the Criminal Act, including obstruction of performance of official duties, requires severe punishment against the Defendant, taking into account the fact that the Defendant had a history of being punished by multiple violent crimes, including obstruction of performance of official duties, and that the act of assaulting the police officer on official duties is highly likely to cause such danger and social criticism

However, the defendant's confession of crime and reflects the defendant, and the victim's punishment shall be punished against the defendant by agreement with the victim.