A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 3, 2019, from around 20:10 to 20:27 of the same day, the Defendant interfered with business: (a) the victim’s “D” restaurant operated by the victim B from around December 3, 2019 to around 20:27 of the same day; (b) the victim’s face to restrain it was drinking; (c) the victim’s face to stop it; and (d) the victim’s face to the above restaurant employee E was taken to the hand, and (e) the customer at the restaurant.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. 공무집행방해 피고인은 2019. 12. 3. 20:35경 제1항 기재 장소에서, 상의를 벗고 욕설을 하면서 식당 내부를 배회하던 중 ‘손님이 직원을 때렸다’는 112신고를 받고 그곳에 출동한 경기구리경찰서 F지구대 소속 경위 G, 같은 지구대 소속 순경 H으로부터 제지를 받자, “씨발놈아, 뒤질래 나도 어릴 때 놀아본 놈이야”라고 욕설을 하며 G의 얼굴을 주먹으로 1회 때리고, 이에 현행범인으로 체포되자 “씨발놈아, 법대로 해, 개새끼들아”라고 욕설을 하며 H의 정강이를 발로 2회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Each police statement of H and G, and the police statement of H and G (including the I's statement statement);

1. Each statement of B and E;

1. Application of Acts and subordinate statutes on CCTVs to the 112 reported case processing photographs, CCTV images-shield screens, and CCTV CDs;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 (Crimes of Obstruction of Performance of Official Duties) of the Criminal Act among the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.