A defendant shall be punished by imprisonment for four 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

피고인은 2020. 9. 27. 08:20경 부산 연제구 B 앞 노상에서, 피고인이 딸을 찾아달라면서 소란을 피운다는 112신고를 받고 출동한 연제경찰서 C지구대 소속 경찰관인 D이 귀가할 것을 권유하자 위 경찰관의 태도가 마음에 들지 않는다는 이유로 팔짱을 낀 상태로 어깨 부분으로 위 경찰관의 어깨 부분을 2회 밀쳐 위 경찰관의 112신고 사건처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that a crime of obstructing the performance of official duties is an offense that interferes with the legitimate performance of official duties and disturbs the national public authority.

The defendant interfered with the police officer's performance of official duties without any justifiable reason under the influence of alcohol.

However, it is advantageous to the fact that the defendant has no criminal power for the same kind of crime, the degree of violence is relatively minor, and the defendant's late reflects it.

In addition, the defendant's age, character and conduct, family environment, motive, means and result of the crime, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and pleadings, shall be determined as ordered.