A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. 2018. 12. 2. 01:00경 편의점에서 공무집행방해의 점 피고인은 2018. 12. 2. 01:00경 통영시 B에 있는 C편의점에서, 편의점에서 계산을 하지 않고 술을 마시는 손님이 있다는 신고를 받고 출동한 경남통영경찰서 D파출소 소속 경위 E으로부터 귀가를 요구받자 위 E에게 주먹을 쥔 상태로 마치 때릴 듯이 행동하여 위협하고, 위 E의 성기를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. At around 01:20 on December 2, 2018, the Defendant was arrested as a flagrant offender due to the obstruction of performance of official duties under the foregoing paragraph (1), and was transferred to the Gyeongnam-gu Police Station D District Unit of the Gyeong Young-gu Police Station located in F in Tong-si.

At around 01:20 on the same day, the Defendant threatened Ha et al. of the background E, background G, and patrol officer belonging to the said earth, etc. of the said earth, and spit spite with G and patrol officers, etc. of the said earth by threateninging Hafa in a knife with knife at night-ri, and assaulting Haf. of the said G and patrol officers.

Accordingly, the defendant interfered with the maintenance of order of the police officers, crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written statement of I;

1. 112 reported case handling table;

1. A report on investigation (as regards the riot, etc. in the D Zone of the Suspected Persons);

1. Investigation report (Attachment to photographs and video images which capture the suspect's acts in the D District;

1. Application of Acts and subordinate statutes to a criminal report (CCTV image attachment);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the same as the obstruction of performance of official duties (the obstruction of performance of official duties/performance of official duties).