A defendant shall be punished by imprisonment for six 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

On November 19, 2016, the Defendant: (a) around 03:30 on November 19, 2016, the Defendant was unable to avoid disturbance, such as: (b) the Defendant, from “Cinaro” located in Ulsan Jung-gu B, to drink with one another; and (c) the Defendant, on the ground that the Defendant demanded to do so to the mixed owners, but was refusing to do so.

이에 112신고를 받고 출동한 울산중부경찰서 D지구대 소속 경장 E(여, 36세), 순경 F(25세)이 피고인에게 사건 경위를 물어보자, 아무런 이유 없이 F에게 “씨발새끼야, 머냐 내가 전과 10범이다, 젊은 새끼가 뭘 아느냐”라고 욕설을 하면서 머리로 F의 얼굴을 들이받으려고 하고 양손으로 멱살을 잡아 흔들고, 무릎으로 낭심을 차려고 하고, 이를 말리는 E에게 "씨발년아, 니년은 어디서 왔나“라고 욕설을 하면서 E의 조끼를 손으로 잡아 흔들었다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case E and F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months) (the special person in charge of the obstruction of performance of official duties) shall be considered as follows: (a) there is a history that the defendant has been punished once as a crime of the same kind; and (b) there is no other force other than