The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Punishment of the crime

1. On December 12, 2019, the Defendant: (a) 15:05 on 15:05, the Defendant: (b) took a bath “D” restaurant operated by the victim C; (c) took a bath to the “D” restaurant; (d) displayed a hand to restrain the victim; (d) displayed a hand to the victim; and (e) made the customers out of the restaurant; and (e) 50 minutes of the disturbance, such as having the customers out of the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. 공무집행방해 피고인은 2019. 12. 12. 15:47경 제1항 기재 장소에서 신고를 받고 출동한 충남 보령경찰서 E파출소 소속 경위 F으로부터 소란을 피운 이유에 대하여 질문을 받자 "니가 민주 경찰관이냐 새끼야"라고 욕설하며, 발로 위 F의 오른쪽 허벅지 부위를 1회 찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, 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. Scope of recommending sentencing guidelines based on the reasons for sentencing under Article 62 (1) of the Criminal Act;

(a) Crimes 1 (Determination of Types of Interference with Business) (Interference with Business). Obstruction of Business [Type 1] Interference with Business [Scope of Recommendation and Recommendation] Basic Field (no person specially punished) (no person specially punished), 6 months through 16 months of imprisonment; and

B. Second Crimes of the obstruction of performance of official duties (decision of the type of the obstruction of official duties) / [Class 1] the obstruction of performance of official duties / [Scope of recommendations and recommendations] basic area (no person who has a special punishment), six months to one year and six months.

(c) Scope of recommendations according to the standards for handling multiple crimes: The upper limit of crimes No. 1 of June through February. 1.