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

Punishment of the crime

1. On June 10, 2014, at around 16:00, the Defendant obstructed the victim’s restaurant business by avoiding disturbance by force, such as: (a) in a restaurant operated by the victim D (Woo, 45 years of age) in Ulsan-gu, Ulsan-gu; (b) under the influence of alcohol, 1g of national number, 1g of alcohol, and 1 disease in a liquor; and (c) after drinking the victim, she expressed the victim’s desire to “a singingly, singing down on the restaurant floor and making it possible for other customers to enter the restaurant for about one hour.”

2. 공무집행방해 및 상해 피고인은 전항 기재 일시 장소에서, 112신고를 받고 출동한 울산남부경찰서 E지구대 소속 경장인 피해자 F으로부터 귀가할 것을 권유받자 “씹새끼들아, 너희들이 뭔데. 개새끼들아, 짭새들이 죽을라고.”라고 욕설을 하면서 양손으로 피해자의 멱살을 잡아 흔들고 손으로 가슴 부위를 수회 밀치며 주먹으로 팔 부위를 1회 때리고 손톱으로 손 부위를 할퀴는 등 폭행하여 112신고 출동 업무에 관한 경찰관의 정당한 직무집행을 방해함과 동시에 피해자에게 약 2주간의 치료를 요하는 왼손, 오른팔 및 흉부의 다발성 찰과상 및 타박상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on photographs of damage;

1. Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury)

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending sentence] general injury (the scope of recommending sentence] is the basic area ( April to one year and six months), minor injury (the special mitigation (aggravated mitigation) / obstruction of performance of official duties.