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

【Criminal Power】 On November 7, 2019, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for an injury at the Seoul Central District Court, and became final and conclusive on June 10, 2020.

【Criminal Facts of Crimes】 On March 19, 2020, at around 19:48, the Defendant: (a) received 112 report from E during the Seoul Central Police Station D Boxes, which called “C” restaurant located in Jung-gu Seoul Metropolitan Government, that she spaws and spaws to customers; and (b) moved back to the front of the said restaurant.

피고인은 위 일시경 위 식당 앞 노상에서, 경위 E로부터 귀가할 것을 권유받았으나 다시 위 식당으로 들어가려고 하다가 위 경찰관으로부터 제지당하자 화가 나서 위 경찰관에게 ‘야 짭새 거지새끼야, 언제까지 양아치 할 거야’라고 말하면서 손으로 위 경찰관의 멱살을 잡고, 팔을 꺾었다.

Accordingly, the defendant interfered with legitimate execution of duties of police officers regarding the handling of 112 reported cases, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared by the F;

1. Application of the Act and subordinate statutes to the High Court (Seoul Central District Court), 2019No3693 (Seoul Central District Court) and the Act and subordinate statutes of the Final Certification Board;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that it is disadvantageous to the Defendant that the Defendant repeatedly prevents the Defendant from exercising physical power against others under the influence of alcohol, such as the Defendant’s exercise of physical power.