A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On March 28, 2018, the Defendant: (a) around 20:40 on March 28, 2018, the Defendant: (b) drunkd the victim C (32) in the apartment apartment building B located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; (c) obstructed the Defendant, under the influence of alcohol at the D restaurant, sent the disturbance to the customers who were in the place of the disturbance, such as “E. Ma in the Donge-gu, No. Ma. Ma. Ma. Ma.

Accordingly, the Defendant interfered with the victim's restaurant business by force for about 20 minutes.

2. 공무집행 방해 피고인은 2018. 3. 28. 21:30 경 인천 연수구 B 아파트 상가 앞에서 피고인이 술에 취하여 영업 방해를 하고 있다는 112 신고를 받고 출동한 인천 연수경찰서 E 지구대 소속 경찰관 경장 F(33 세) 이 피고인에게 귀가를 권유한 후 다른 112 신고 현장에 출동하려고 하자, “ 짭새 새끼들, 다 깜 방에 쳐 넣어 버리겠다, 다 내려 라.” 고 소리를 치며 E 지구대 순찰차 23호 유리 문 및 보닛을 양 손으로 치고, 보닛에 앉아 순찰차의 운행을 하지 못하게 하였다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which provides for aggravated concurrent crimes (aggravating concurrent crimes with the punishment stipulated for a crime of obstructing the execution of heavier official duties);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

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

A. Basic crimes [Determinations] Crimes interfering with the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with the performance of official duties and coercion of duties) [Scope of recommended punishment] from six months to one year and six months (basic area).