A defendant shall be punished by imprisonment for not less than eight 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. On February 13, 2016, from around 05:00 to around 05:25 of the same day, the Defendant interfered with the victim’s convenience store business by force by avoiding disturbance, such as: (a) from the D convenience store managed by the victim C at the window B of Changwon-si; (b) coming into the breaculculum for sobing, leaving the victim’s hand, and preventing the victim from leaving the damaged from being pushed away from the calculation unit.

2. 공무집행 방해 피고인은 2016. 2. 13. 05:25 경 위 장소에서 소란을 피우던 중 제 1 항 피해자 C의 신고를 받고 출동한 창원 서부 경찰서 F 파출소 소속 경위 E, 경사 G으로부터 제지 받자, “ 씹새끼들 아, 개새끼들 아, 씨발 자슥아, 잡아넣어 라 쓰레기 들아 우리 아버지가 하는 가게에 있는데 무슨 일이고 ”라고 욕설을 하며 상의를 벗어 계산대 위로 던지고, 손으로 경위 E의 가슴을 밀고, 손으로 경사 G의 어깨를 잡아당기고 미는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C, G, and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of imprisonment with prison labor chosen;

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. The reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order are as follows: (a) Defendant, on the part of the convenience store under the influence of alcohol, obstructing business and obstructing the performance of official duties by exercising violence against police officers dispatched; and (b) the crime is not less exceptionally committed: Provided, That the execution of a sentence is subject to community service, taking into account the fact that there was no criminal conviction exceeding a fine and