A defendant shall be punished by imprisonment for four months.

except that 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. Around 02:40 on September 16, 2019, the Defendant assaulted the victim E (years 25) face and breast at a club located in Mapo-gu Seoul, Mapo-gu, with the face of the victim D (years 26) who was crypted, on two occasions a drinking, while drinking at a club located in Mapo-gu, Seoul. In addition, the Defendant assaulted the victim E (years 25) and the chest two times to drinking.

2. 공무집행방해 피고인은 제1항과 같은 일시, 장소에서 112신고를 받고 출동한 서울마포경찰서 F지구대 소속 경찰관 G(33세)으로부터 클럽 밖으로 나가 진술할 것을 요구받자, G에게 “씨발 짭새 새끼야, 꺼져, 안 나가, 뭐 어쩔 건데 씨발놈아”라고 욕설하며 손으로 G의 얼굴을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written statement prepared D and E;

1. Application of the Acts and subordinate statutes on investigation report (CCTV verification and witness investigation);

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the crime in question;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) No. 54, 01 [No. 1] Obstruction of Performance of Official Duties / No. (Special Aggravation of Punishment) [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months

(b) Second crimes (decision of types of violence) (decision of types) and violence crimes [Class 1] and there is no general assault [specific person] (the scope of recommendation field and recommendation range] basic area, imprisonment for February to October; and

C. The basic area of the third crime (determination of types of violence) (the determination of types of violence) is that there is no person who has a general assault [the first type] [the special person who has been punished] [the scope of recommendation and recommendation].