A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On June 4, 2018, the Defendant obstructed the victim’s restaurant business by force over about 30 minutes, such as drinking at a “D” restaurant where the victim C works in Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, for the reason that the victim C was in an influence of the victim under the influence of alcohol, assaulting the victim’s bridge part once, continuing sound, and allowing customers to out, etc.

2. On June 4, 2018, at around 05:40 on June 4, 2018, the Defendant: (a) reported 112 that the Defendant avoided the disturbance at the above “D” restaurant; (b) obstructed the Defendant’s body; (c) obstructed the Defendant from arresting the Defendant due to interference with his/her duties; (d) obstructed the said F’s arms with the hand saw; and (d) assaulted the Defendant with the shoulder of the said F’s clothes at three times.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing duties), Article 260(1) of the Criminal Act (the point of obstructing duties), and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence;

(a) Obstruction of the performance of official duties: Type 1 (Obstruction of the performance of official duties and coercion of the duty), the basic area (six months to one year and six months);

(b) Interference with operations: One type of interference with operations (Interference with operations). Basic area (six months to one year and six months);

(c) Violence: One kind of assault crime (general assault) in the basic area (two months to ten months);

(d) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. Under the influence of alcohol without any special reason, there is a person who assaults a restaurant employee, and due to the interference of the work between thirty minutes, there is a customer.