A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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. Around 03:00 on July 13, 2019, the Defendant made a false statement to the effect that the Defendant would normally pay the amount of alcoholic beverages, etc. to the victim from the Dnonoo bank operated by the victim C at Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

However, the defendant did not have the intention or ability to pay the price even if he received alcoholic beverages from the victim because he did not have any other means of payment such as cash, credit card, etc.

As above, the Defendant: (a) by deceiving the victim; (b) provided the victim with drinking, musical, and singing services for three hours at an unlimited rate system (100,000 won per hour); and (c) obtained pecuniary benefits equivalent to KRW 300,000 from the victim.

2. 공무집행방해 피고인은 2019. 7. 13. 03:08경 제1항 기재 장소에서 신고를 받고 출동한 인천부평경찰서 E지구대 소속 경찰공무원인 경위 F(49세) 등에게 현행범인으로 체포되어 인천 부평구 G에 있는 인천부평경찰서 E지구대에 연행된 후 같은 날 03:50경 위 E지구대 앞 도로에서 피고인을 인천부평경찰서 형사과로 인계하기 위하여 순찰차 뒷좌석에 승차시키는 F에게 욕설을 하면서 F의 아랫배 부분을 발로 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning criminal facts, the choice of criminal punishment, and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment)

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).