A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 4, 2017, the Defendant does not pay the drinking value after drinking alcoholic beverages at the previous restaurant located in the Geum-gu B of Busan around 01:10.

On the other hand, the police officer D, etc. who is working on a district belt with the complaint that was notified of his / her flabing, and spits spite D et al. on the ground of the district belt, and the above D et al. did not open and have a door to the back of the patrol vehicle for the patrol duty, and did not send the flab to the above D et al. D, who is getting off from the patrol vehicle, with the drinking flab, and failed to send the 10 minutes.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment of photographs), CCTV photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and the scope of mitigation (one month to eight months) [the special mitigation person] reflects the nature of violence, intimidation, deceptive scheme, or obstruction of official duties (the decision of sentence], there is no history of punishment exceeding the fine, and there is no history of punishment exceeding the fine, and the sentencing conditions as set forth in Article 51 of the Criminal Act, such as the records of the same crime, shall be determined as the order.