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

1. On October 3, 2018, at around 20:25, the Defendant: (a) received a report from 112 that “a person will live.. to live” in the hotel D’s room in Nam-gu Incheon Metropolitan City, Namdong-gu, the Defendant insultingd the victim E, a police officer affiliated with the Incheon Southern Police Station, who called the scene, by 119 first responders, rescuers, and hotel C’s business proprietor, etc. while hearing.

2. 공무집행방해 피고인은 2018. 10. 3. 20:40경 인천 남동구 B에 있는 '호텔C' 앞길에서 자신의 여자 친구가 귀가하는 것을 방해하던 중 인천남동경찰서 소속 경장 F으로부터 이를 제지받았다는 이유로 발로 F의 왼쪽 정강이 부분을 2회 걷어찼다.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the protection of people's lives, bodies and property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] Where the scope of mitigation area (one to eight months) (special mitigation), assault, intimidation, deceptive scheme, or obstruction of public service is insignificant (the standard of multiple crimes processing] as to the crimes of obstruction of performance of official duties and the insult relation under the former part of Article 37 of the Criminal Act, the standard of sentencing is not set, and the lower limit is set according to the standard of sentencing for the crimes of obstruction of performance of official duties for which the standard of sentencing was set.

[Decision of Sentence] The crime of this case is a crime that interferes with the exercise of public authority by insulting and assaulting a police officer on duty.