A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, on September 19, 2016, at the entrance of the Tongyang-gu, Daegu-ro, Daegu-ro, 260-8, will take a bath.

“Around 112, the Daegu Dong-gu Police Station C District District of the Police Station, upon receipt of a report, was notified of a penalty as a disturbance for drinking, and was urged to return home, and was able to take a bath to the said D, and assaulted the face and chest of the said D three times for drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Protocols of examination of witnesses of this court as to D;

1. Statement made by the police against D;

1. Damage photographs and a detailed statement of the case to be reported;

1. An investigation report [The other party investigation of a person who has committed an offense] [the fact that an offense was notified by the head of a police station of a penalty on the ground that the person has committed an offense and paid the penalty within the payment period, and the validity corresponding to the final judgment of the payment of penalty is recognized, and thus, the offense not to be punished again is limited to the relevant offense as stated in the reason for notification of penalty and the offense recognized as identical to the offense itself (see, e.g., Supreme Court Decision 2011Do6858, Jun. 14, 2012). According to each of the above evidence adopted by the court, the defendant, around September 19, 2016, at the entry of the Tongcheon-gu, Daegu-gu, at around 19:49, “The defendant is hicker at the entry of the Tongcheon-gu, Daegu-gu.”

“Around September 19, 2016, at around 20:00, a person notified of a penalty on September 19, 2016 (Article 3(1)20 of the Punishment of Minor Offenses Act) and recommended him/her to return home, but he/she could recognize the fact that he/she interfered with the instant official duties by taking the face of drinking and chest when he/she takes a desire to return home.

In light of the above legal principles, the crime of obstructing the execution of official duties of this case is close to the offense, time, and place of drinking disturbance, but is subject to the notice of prohibition of violation.