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

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

Punishment of the crime

[2015 Highest 4140] Around 22:45 on November 2, 2015, the Defendant was under influence of alcohol in front of the “C veterinary hospital” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and was under influence of alcohol on the street. Around November 2, 2015, the Defendant, upon receiving a report of 119, instructed the above E, etc. to be urged to return home from E, etc. who is a public official of the Dobong fire station D, who was dispatched to the Dobong fire station upon receiving the report of 119, and assaulted the above E, etc., by drinking on the left side of the instant E at least twice.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers in rescue activities.

[2015 고단 4384] 피고인은 2015. 10. 27. 23:10 경 서울 성북구 F 앞 노상에서, 피고인이 택시요금을 내지 않는다는 내용의 112 신고를 받고 출동한 서울 종 암 경찰서 G 지구대 소속 경찰관들인 피해자 H, 피해자 I으로부터 택시요금을 내고 귀가할 것을 권유 받자, 이에 불응하며 위 신고 자인 택시기사 및 행인 등 불특정 다수가 듣고 있는 가운데 피해자들에게 “ 씹할 새끼들 아, 저 씹할 놈한테 총을 쏴야 되겠어, 쓰레기 같은 새끼야, 저런 씹할 새끼, 개새끼 ”라고 소리를 질러 공연히 피해자들을 각 모욕하였다.

Summary of Evidence

[2015 Highest 4140]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written Statement;

1. A written order for mobilization (2015 highest 4384);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made by K, I, and H;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed as the punishment prescribed for the insult of H, which is more serious between the crimes of insult and the offense of insult);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, leads to the number of times of criminal punishment.