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

Punishment of the crime

On February 7, 2017, the defendant was sentenced to two years of suspension of execution on the 15th of the same month by obstructing the performance of official duties in Busan District Court on February 7, 2017, and the judgment becomes final and conclusive and is still under suspension of

On June 29, 2018, the Defendant: (a) was taking a bath to D District Guard E in the Geum-gu Police Station D who was called up after receiving a report from the head of Si/Gun/Gu building B in Busan on June 29, 2018; and (b) the Defendant said F would not take the Defendant’s bath.

In doing so, the Defendant’s face while taking a bath to the above F, was sealed by the above F by pushing the Defendant’s face with smuggling and hand, and the Defendant continued to restrain the said F’s flow of G in the circumstances belonging to the said D District, and was committed by the Defendant’s hand by pushing ahead of the said G’s face.

Accordingly, the defendant's 112 police officers' legitimate execution of duties was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports;

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

1. The defendant, on the grounds of sentencing under Articles 40 and 50 of the Criminal Act, committed another crime of obstructing the performance of official duties again during the period of suspension of execution due to a crime of obstructing the performance of official duties.

At the time, police officers have sufficiently taken into account that the place of dispatch is a residential place, and have made long efforts to file a petition against a under the influence of alcohol.

Nevertheless, the defendant continued to take a bath, and it seems that the defendant started to take a look at the police officer of the Athsle.

Considering the family environment of the defendant, it is inevitable to punish the criminal defendant who is repeated due to drinking.

In addition, it is decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.