A defendant shall be punished by imprisonment for not more than ten 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 June 6, 2019, at around 21:20 on June 6, 2019, the Defendant interfered with the business, without any justifiable reason, obstructed the Defendant’s operation of the restaurant by force for a period of about one-hour period of time, such as committing noise to the customers on a “D” restaurant operated by the Daegu-gu Dong-gu, Daegu-gu, in order to have the customers knife in the restaurant without any reason, and selling narcotics, etc., the customers are scam on the network of selling the camptop (the “day-to-day” phone), thereby obstructing the Defendant’s operation of restaurant by force.

2. 공무집행방해 피고인은 2019. 6. 6. 21:45경 위 1항과 같은 장소에서 “술 취한 손님이 행패를 부린다”라는 112신고를 받고 출동한 대구동부경찰서 E지구대 소속 경장 F으로부터 인적사항을 확인받았으나 이에 대해 대답하지 아니한 채 “저 사람들 뽕을 했다, 빨리 잡아라”라고 소리치면서 소란을 피우던 중 위 F으로부터 재차 신분증 제시를 요구받자 오른 발로 F의 왼쪽 허벅지를 1회 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H, C, and F;

1. Investigation report (the No. 11 of the evidence list);

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and 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;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).