A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. At around 02:50 on May 9, 2020, the Defendant obstructed the victim’s restaurant business by force, such as 'D’ restaurant operated by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon, for about 10 minutes of disturbance, such as, under the influence of alcohol, having a large amount of excreta, and having the water branch folding the floor.

2. The Defendant spit, at the time and place specified in Paragraph 1, who was urged by the police officers belonging to the Daejeon Police Station E zone of Daejeon Police Station, to interfere with restaurant business and return home to the site after receiving a report of 112 from the time and place of disturbance as above, the Defendant spited the brine on the chest of F.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Investigation reports, investigation reports, investigation reports, etc. on the obstruction of performance of official duties, etc., investigation reports, investigation reports (the counter telephone surveys of first responders and first responders), investigation reports (the counter phone surveys of employees);

1. Application of relevant Acts and subordinate statutes to the relevant photographs, on-site reports, and detailed statements of handling reports filed 112 cases;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) (Obstruction of Performance of Official Duties) (Article 1) / Forced Performance of Official Duties (Special Convicts): In cases where the degree of assault, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended amount) mitigation area, imprisonment shall be mitigated.