The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. In the state that the Defendant, while having a speech disorder (Grade 1), lacks the ability to discern things under the influence of alcohol or make decisions, the Defendant obstructed the victim’s restaurant business by force by preventing the victim from preparing food and drink for his/her business, thereby obstructing the victim’s restaurant business by force, on September 11, 2016.

2. 공무집행방해 피고인은 전항과 같이 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 같은 일시, 장소에서 피고인이 전항과 같이 소란을 피운다는 112신고를 받고 출동한 서울도봉경찰서 F파출소 소속 경찰관 경위 G가 귀가를 종용하자 욕을 하면서 그의 가슴을 밀치고 발로 종아리를 걷어찼다.

As such, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement about D and G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( Taking into account the fact that the person commits any contingent crime under the influence of alcohol in a state of disability with an error of neglect and gravity);