A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

1. 업무방해 피고인은 2019. 7. 27. 02:35경 대전 유성구 B에 있는 ‘C’에서, 술에 취해 직원인 피해자 D(여, 22세)에게 “짱깨, 씨발”이라고 소리치는 등 큰소리로 막말과 욕설을 하고, 젤리 등 판매물품을 집어 던지는 등 약 1시간 동안 소란을 피워 위력으로써 피해자의 편의점 판매 업무를 방해하였다.

2. At around 04:00 on July 27, 2019, the Defendant obstructed a police officer’s legitimate performance of duties concerning the prevention and suppression of a police officer’s crime by assaulting a police officer, such as the Daejeon Pungsung Police Station Edistrict guard F, dispatched after receiving 112 reports on the interference with and violence against the foregoing duties, and he/she prevented him/her from spreading his/her answer to the said F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Police statements prepared in relation to D, G and H;

1. Application of the 112 Report Report List, investigation report (on-site mobilization, etc.), photographs, investigation report (part of the date and time of crime revision), CCTV recording video-recording Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of the crime of this case. Thus, even though the defendant was under the influence of alcohol at the time of the crime, it is difficult to recognize that the defendant was in a state of mental disorder or mental retardation at the time of the crime. The above argument is rejected.

The defendant's reasons for sentencing are violence, such as obstruction of performance of official duties.