A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 모욕 피고인은 2019. 7. 1. 09:31경 부천시 B에 있는 C 앞 노상에서, 술에 만취하여 길가에 서있던 택시의 조수석 유리창을 치고 이에 항의하는 택시기사를 밀치고, 이로 인해 택시기사의 112 신고를 받고 출동한 원미경찰서 소속 경찰관인 피해자 D으로부터 귀가를 권유받자 “씨발, 진상 오늘 제대로 깔라고, 시끄러! 쫄다구가 무슨 개소리야!”라고 하는 등 지속적으로 욕설을 하여 공연히 피해자를 모욕하였다.

2. The Defendant interfered with the performance of official duties by assaulting the police officer’s crime prevention, public safety, and maintenance of order by blocking the police officer’s slope, a police officer belonging to the police station of the United States, who was dispatched after receiving 112 reports at the date, time, and place stipulated in Paragraph (1) above, and obstructing the police officer’s legitimate performance of duties concerning the prevention of crimes, public safety, and maintenance of order, by preventing the police officer from carrying the patrol vehicle in front of the defect patrol, and preventing the police officer from moving the patrol vehicle on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A copy of the global working place and public official certificate;

1. Application of Acts and subordinate statutes to photographs, such as suspect, scene of crime, and internal investigation report (verification of images submitted by police officers);

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

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 under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to six years of imprisonment;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The elements of obstruction of the performance of official duties / coercion of official duties (special person) are minor degree of assault, intimidation, and deceptive scheme.