A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

1. 모욕 피고인은 2016. 6. 1. 13:00 경 서울 강서구 양 천로 24 길에 있는 ‘ 쌈지공원 ’에서 술에 취하여 지나가는 사람들에게 욕설을 하는 등 행패를 부리다가 피해자 B로부터 “ 저리 가서 술 마셔 라” 는 말을 듣자 이에 화가 나 동네주민 C 등 5명이 모여 있는 가운데 피해자에게 “ 꼰대들이 지랄하고 자빠졌다, 개새끼들”, “ 꼰대야, 씹할 놈 아 ”라고 말하는 등 입에 담지 못할 욕설을 하여 공연히 피해자를 모욕하였다.

2. The Defendant who interfered with the performance of official duties on the same day: (a) was demanded to disclose his personal information, etc. from Party A to Party B, who received the 112 report from B at the place specified in paragraph (1) at around 13:12 on the same day, and received from Party B, the Seoul Gangnam Police Station D (Wing, 37 years old).

Baspits and spits on the face of the above E while taking a bath as “spits.”

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Article 136 (1) and Article 311 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment 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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime No. 1 (Obstruction of Execution of Official Duties) / [Scope of Recommendation] where the degree of assault, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months). (Interference with Execution of Official Duties) No. 1 (Interference with Execution of Official Duties and Forced Performance of Duties)

(b) Class 2 (Modity) - Setting of sentencing criteria;

(c) The scope of final sentencing due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than one month (the lower limit on the sentencing criteria shall be observed since the concurrent offenses are committed with crimes for which the sentencing criteria have not been set);

2. Circumstances unfavorable to the decision of sentence: under the execution of official duties;