A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On August 14, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution in the Busan District Court, which became final and conclusive on August 22, 2018, and is currently under suspended execution.

【Criminal Facts】

1. On May 8, 2019, at around 01:25, the Defendant: (a) obstructed the crosswalk B in the middle of the crosswalk while the front of the Busan East-gu, Busan-dong; (b) obstructed the victim D ( South and the age of 23) who is operating K3 passenger cars at the place where it was fright to the Defendant’s daily walk; (c) led the victim to c to crypt the front door of the victim’s vehicle; (d) c shot the victim’s head door on the front door of the vehicle; (e) c shotfing the victim from the vehicle; and (e) c shotfing the victim from the front door of the vehicle; and (e) c shotfing the victim by openly insulting the victim by taking the victim’s voice with the large sound “h,” “h,” “h,” “h,” and this title.

2. 공무집행방해 피고인은 위 일시, 장소에서 신고를 받고 출동한 동래경찰소 F지구대 소속 경찰관 G로부터 인적사항 및 사건 경위에 관하여 질문을 받자, “내가 왜 가르쳐줘야 되는데, 어린놈의 새끼들이 싸가지가 없네. 개새끼, 니 이름은 뭐꼬”라고 말하면서 G의 근무복 명찰 및 가슴 유두 부분을 손으로 움켜잡아 비틀고, 가슴 부위를 밀쳐 경찰관의 범죄의 예방 및 진압에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the defendant or C;

1. Statement of each police statement concerning G and D;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 1);

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The sentencing guidelines do not exist in the case of insult of the basic area (six months to four months), which is the first category of obstruction of performance of official duties (in the case of coercion of official duties) under the former part of Article 37, Article 38(1)2, and Article 50 (in the case of the aggravated punishment of concurrent crimes.