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 became final and conclusive.

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 9. 12. 19:20 경 포 천시 C에 있는 D 편의점 내에서 술에 취해 소리를 지르다가, 업주의 신고를 받고 출동한 포천 경찰서 E 지구대 소속 순경 F으로부터 퇴거 요구를 받자 화가 나 양손으로 F의 가슴을 1회 밀치고, 계속하여 편의점 밖으로 나와서도 “ 씨 발 새끼들 아, 병신, 씨 발, 짭새 새끼들 아 ”라고 욕설을 하면서 이를 제지하는 F의 멱살을 양손으로 움켜쥐고 1미터 가량 밀치고, 이를 제지하는 같은 지구대 소속 순경 G의 가슴을 1회 밀치고 손으로 어깨를 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the protection of the lives, bodies, and property of the people.

2. On September 12, 2017, at the same place as indicated in paragraph 1, around 19:00 on September 12, 2017, the Defendant insultd the victims, including “Fman F and G, such as son, Sick, Sick, Dun, Dun, etc., the police of the Republic of Korea, boomed, francing, francing, francing, francing, and francing, the police of the Republic of Korea, as 11 years of police life.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes of H and I

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (inter-Korean between interference with the performance of official duties and each dis-Korean crime of insult);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to six years;

2. The sentencing criteria shall apply to a person who interferes with the failure to apply the sentencing criteria in performing public duties.