A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 October 13, 2019, around 16:30 on October 13, 2019, the Defendant interfered with business: (a) found in the state of alcohol in the camping room operated by the victim C in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) collected work-free and/or-free bonds; and (c) took a bath for the victims and customers who visited the said shop; and (d) prevented the victims from running their business normally by avoiding disturbance for about 20 minutes.

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

2. 공무집행방해 피고인은 제1항 기재와 같은 날 16:53경 같은 장소에서 위와 같은 내용의 112신고를 받고 현장에 출동한 인천 미추홀경찰서 D지구대 소속 경위 E이 피고인을 제지한다는 이유로, E에게 ‘경찰새끼들, 씨발 놈아, 맞짱 한번 뜰래 ’라고 욕설을 하며 왼손으로 E의 음낭을 잡고, 오른손으로 목덜미를 잡아끌어 폭행하였다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) [Article 1] No person shall be subject to obstruction of the performance of official duties [Article 1]/ forced performance of official duties [Article 1] [The scope of recommendation and recommendation] basic area, 6 months to 16 months.