A defendant shall be punished by imprisonment with prison labor for up to 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. Around 21:00 on January 17, 2020, the Defendant interfered with the business, at the main point of the victim C’s operation in Changwon-si Masanpo-si B, the Defendant again provided the customers who want to enter the said main point with their desire to make the victim feel able to see, e.g., other customers who had been at the place of view, sound, and so on.

Accordingly, the defendant interfered with the victim's main business by force.

2. 공무집행방해 피고인은 2020. 1. 17. 21:30경 위 장소에서, 술에 취해 소란을 피운다는 112신고를 받고 출동한 마산중부경찰서 D파출소 소속 경위 E(54세)이 위 장소에 도착하자 욕설을 하면서 E의 가슴에 머리를 들이밀고 발로 E의 양 발목을 1회씩 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for the crimes of obstruction of performance of official duties heavier than hostages);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 crime (Interference with Business) (Interference with Business) [Attachment 1] Interference with Business (Special Disturbing Person] (Special Convicting Person]: Efforts to recover damage resulting from failure to punish.