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 June 1, 2014, at around 02:45, the Defendant: (a) expressed the victim’s 112 victim G, a police officer affiliated with the Seoul Western Police Station F District, who was dispatched after receiving 112 report among the president E of the Chinese restaurant “D” that the Defendant works on the front side of Gangnam-gu Seoul, Seoul, and the victim G, a police officer affiliated with the F District of the Seoul Western Police Station, was prevented the Defendant; and (b) expressed the victim’s 10 statement, including D employees, on the ground that he was the Defendant.

Accordingly, the defendant openly insultingd the victim.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 112신고를 받고 출동한 서울수서경찰서 F지구대 소속 순경 I이 피고인을 제지하자 욕설을 하면서 자신이 기소중지자라고 말하고 경찰서로 가자고 요구하며 순찰차에 임의로 탑승하였고 경찰서로 이동하던 중 술에 취해 I이 피고인 몸에 손을 댔다는 이유로 오른손으로 I의 목을 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. The Defendant asserts to the effect that, at the time of the instant crime, he/she was in a state of heart loss or mental disability by stating that he/she had no memory under the influence of alcohol at the time of the instant crime.

According to the records, even though the defendant was found to have drinking at the time of committing the crime, he did not have the ability to discern things or make decisions.

It does not seem to be in a state or weak.

The argument of mental disorder shall not be accepted.

Application of Statutes

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning criminal facts, the applicable law and the choice of punishment (the point of obstructing performance of official duties, the choice of imprisonment), and the choice of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;