A defendant shall be punished by imprisonment for six 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 01:00 on February 6, 2016, the Defendant, under the influence of alcohol at the drinking house located in the Won-gu, Seocheon-gu, Seocheon-si B, expressed the victim’s desire to “Nea Ga Ga Ga Ga Ga, Ga, su, sar chines,” and openly insultd the victim by “The victim, who is subject to the control from the victim E, the owner of the business, who is the victim.”

2. The Defendant interfered with the performance of official duties on the same day at around 01:20, at around 01:20, after receiving a report at the place prescribed in paragraph (1) of the same day and receiving a request for returning home after being expelled from the slope G belonging to the Fridge of the Busan-U.S. Police Station F District, the Defendant carried the body of G one time by two descendants, and continued to stop with the left hand without any justifiable reason before the said CF house.

Accordingly, the defendant interfered with legitimate execution of public duties of police officers on the maintenance of public peace and order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to E, G, and D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of two crimes prescribed by the offense of obstructing the execution of heavier public duties);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act ( normal conditions favorable to the defendant)

1. The sentencing guidelines [the scope of the recommended punishment] include the crimes of insult, for which no sentencing guidelines are set for the basic area (six months to one year) (one year and four months) (no person subject to special sentencing) of the basic area (the scope of the recommended punishment) within the category 1 (Interference with the performance of official duties and coercion of duties). As such, only the lower limit of the recommended punishment according to the sentencing guidelines

2. A sentence of imprisonment shall be selected in consideration of the factors of the unfavorable sentencing, such as the bad character of the crime of this case, the failure of the defendant to make efforts to recover damage, and the fact that the defendant has been sentenced twice by the act of violence, etc., but the defendant shall be punished by imprisonment.