A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 19, 2014, from around 22:45 to 23:05 of the same day, the Defendant obstructed the victim’s carpet service by force for about 20 minutes, on the ground that: (a) the Defendant, while under the influence of alcohol at the Eju shop operated by the victim D (the age of 59) of the first floor in Guro-gu Seoul Metropolitan Government, provided the other customers with the desire to “neep, sing,” without any particular reason, by drinking the head of the customer and threatening him/her to put him/her into the place; and (b) the Defendant obstructed the victim’s carpet service by force.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 “행패를 부리는 사람이 있다”는 112신고를 받고 출동한 서울구로경찰서 F지구대 소속 G 경위로부터 행패를 부리는 것을 제지당하자 “니네들이 짭새냐, 새끼들아 가거라!”라는 등 욕설을 하면서 오른발로 피해자의 배 부위를 차고 양손으로 몸을 2, 3회 미는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Taking into account the following factors: (a) agreement with the victim D for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant has no record of criminal punishment for violent crimes since 1995; and (c) reflects his/her mistake;