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

1. On October 19, 2019, the Defendant: (a) around 00:27 on October 19, 2019, the Defendant destroyed the following gate owned by the victim by walking a gate from the victim C (Nam, 52 years of age) in front of the residential gate; and (b) on the ground that a brea is under the influence of alcohol, a dog located in the fore part of the victim’s residential gate was obstructed by the victim, thereby damaging the 324,500 won of the repair cost.

2. 공무집행방해 피고인은 2019. 10. 19. 00:45경 제1항 기재 장소에서 ‘취객이 대문을 차서 부숴놓았다’라는 112신고를 받고 출동한 경북구미경찰서 D지구대 경장 E으로부터 “본인이 대문을 발로 찬게 맞습니까”라는 질문을 받자 갑자기 “개 새끼야”라고 욕설을 하며 오른손으로 E의 왼쪽 뺨을 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. 112 reported case handling table, and work place in the D district;

1. Application of the written estimate (repair of main gates) statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Class 2 crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Special Aggravation] mitigation elements: Penalty not (including serious efforts to recover damage).