1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Punishment of the crime

1. Around 22:10 on November 30, 2019, the Defendant, while under the influence of alcohol on the roads of the C store located in Seocheon-si B, 2019, was booming off the letob, where the victim D (the age of 17) was seated without any particular reason, booming the victim’s candles by hand, booming the victim’s head by hand, booming the victim’s head by hand, and assaulting the victim once by walking the victim’s left hand.

2. 공무집행방해 피고인은 제1항과 같은 날 22:30경 부천시 E 앞 도로에서 ‘취객이 오토바이를 발로 차고, 멱살을 잡아 당긴다’는 112 신고를 받고 출동한 F지구대 소속 순경 G으로부터 사건 경위에 대해 질문받자, 갑자기 아무런 이유 없이 “내가 뭘 잘못했는데, 이 씨발놈들아”라고 소리치며 위 G의 아랫입술을 오른손 주먹으로 1회 때리고, 이를 제지하는 같은 소속 경위 H의 왼쪽 복부를 발로 1회 걷어차 폭행하여 경찰관의 112 신고 처리 업무 및 질서유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning photographs by victim, on-site photographs, and by cutting CCTV images;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant assaulted the victim D without any particular reason while under the influence of alcohol, and obstructed the police officers dispatched after receiving 112 reports.

Because of the Defendant’s assault, it is determined that the police officer was suffering from a considerable threat (the police officer sustained the state of his entrance). The crime of obstruction of performance of official duties is to disarm the legitimate exercise of public authority.