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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 12, 2019, at around 18:23, the Defendant interfered with the business, at the “D” restaurant operated by the victim C in Jung-gu Seoul Metropolitan Government, the Defendant interfered with the business operation of the victim’s restaurant by force by avoiding disturbance for about 20 minutes, such as: (a) he/she listens to the horses that he/she is frightened by her employee E because she narrows the place from his/her employee E; (b) he/she is going back by leaving the table so that he/she walked by the table, and cutting down the fire that he/she was on the side and cutting down the water at the bottom.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서, ‘손님 2명이 기물파손하고 행패를 부린다’는 112신고를 받고 현장에 출동한 서울중랑경찰서 F지구대 경장 G이 피고인에게 범죄사실에 관해 묻고 신분증을 요구하였음에도 이를 거부하며 횡설수설하여 위 G이 피고인을 업무방해의 현행범인으로 체포하려고 하자 위 G의 양손을 꽉 움켜쥐어 위 G의 손가락에 상처가 나게 하고 계속해서 위 G이 피고인에게 수갑을 채우려고 하자 뒤쪽으로 몸을 기울여 위 G과 함께 넘어지면서 왼발을 들어 위 G의 오른 얼굴을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and C;

1. G statements;

1. On-site photographs of obstruction of business;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation into a counter phone of a police officer dispatched to the scene);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Although the summary of the assertion was not necessary to arrest an offender in the act of committing an offense, the principle of challenge has not been notified.