A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 2, 2016, from around 21:30 on the same day to around 21:50 on the same day, the Defendant obstructed the victim’s maternity business by force for about 20 minutes, such as where he/she requested a substitute room from the victim DNA operated by Yongsan-gu, Yongsan-gu, Seoul, but refused to do so.

2. 공무집행 방해 피고인은 2016. 5. 2. 22:15 경 1 항 기재 E 모텔 주차장에서 업무 방해 혐의로 현행 범인으로 체포되자 서울 용산 경찰서 F 파출소 소속 순경 G의 몸통 부위를 발로 수회 차고, 이를 제지하는 위 파출소 소속 경위 H의 얼굴을 발로 걷어찼다.

Accordingly, the Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression, and investigation of crimes.

3. The Defendant damaged public goods at the time and place specified in paragraph 1, and was arrested by the police officers as a current offender, and was on the back seat of the I-to-face spurd patrol vehicle, and the Defendant broken off the back seat of the market value of KRW 300,000,000.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of the written Acts and subordinate statutes to output photographs and CCTV images;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 141(1) of the Criminal Act (the point of interference with the performance of public duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Many police officers who are in charge of the reasons for sentencing in Article 62(1) of the Criminal Act were assaulted, and the degree of assault was serious (44 pages, 52 pages, 73 pages of investigation records), and the degree of assault was reduced for a certain period of time.