A defendant shall be punished by imprisonment for not less than eight months.

However, 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. Around 02:00 on May 9, 2020, the Defendant used the victim’s face on one hand while getting in a taxi operated by the victim B (Nam, 66 years old) on the Pyeongtaek-si taxi platform located in Pyeongtaek-si 51, Pyeongtaek-si, which was located in Pyeongtaek-si, and was asked questions from police officers belonging to Pyeongtaek-si Police Station C who was called upon receiving a report, and used the victim’s face at one time.

2. 공무집행방해 피고인은 제1항 기재 일시 및 장소에서, 제1항과 같이 D으로부터 112 신고를 받고 출동한 평택경찰서 C 소속 경찰관 순경 E으로부터 제지를 받자 오른발로 위 경찰관의 가슴을 1회 걷어찼다.

In the end, the Defendant interfered with the legitimate performance of official duties by police officers related to handling affairs under 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. B written statements;

1. Application of the Acts and subordinate statutes on black stuffs and documentary evidence photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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 punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act on Probation, abused taxi articles on which he was aboard while taking the place, and obstructed the performance of official duties by walking the police officer, who was under the control of the conflicting police officer, by walking his chest.

In light of the fact that there are a number of criminal defendants with the same previous charges, the liability for the crime is not easy.

However, the defendant deposited a certain amount to the victimized police officer, and the police officer was not subject to the punishment of the defendant, there was no criminal record exceeding the fine, the crime is against the age, character and conduct, family relationship, motive, means and consequence of the crime.