A defendant shall be punished by imprisonment for six 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

1. On September 29, 2015, around 00:30 on September 29, 2015, the Defendant obstructed the Defendant’s business operation of the restaurant by force, such as going to the “C” located in the Nam-gu Incheon Metropolitan City, and going to drive away the victim D, shacking him/her a shoulder and knicking him/her, and engaging in an act to listen to the victim’s words that he/she would go from the victim, leading him/her to his/her feeing, etc., and interfering with the Defendant’s operation of the restaurant by force.

2. 공무집행방해 피고인은 2015. 9. 29. 01:10경 “손님이 행패를 한다”는 112신고를 받고 현장에 출동한 인천남부경찰서 E지구대 소속 경찰관인 F 경위로부터 현행범인으로 체포당하자 위 경찰관을 밀치고, 그곳에 있던 G(순52호) 순찰차량을 주먹과 발로 수회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

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

1. Relevant Article 314(1) of the Criminal Act, Article 136(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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1-6 months to 6 months) (special person) exists;

(b) The scope of the final sentence due to the aggravation of multiple offenders who have no basic area (6 to one year and four months) (6 to one year) of Category 1 (Obstruction of Performance of Official Duties) for the obstruction of Performance of Official Duties (Scope of Recommendation): 6 months to two months;

2. The fact that the nature of the crime is inferior, such as obstructing the work of the victim D, obstructing the performance of the duties by the police officer F, etc., and the victim and the damaged police officer.