When the defendant does not pay the above fine.

1. 공무집행 방해 피고인은 2018. 1. 24. 00:55 경 경기 양평군 B 2 층에 있는 피고인의 고모부의 집에서 ‘ 행패를 부린다’ 라는 신고를 받고 출동한 양 평 경찰서 C 파출소 소속 경위 D으로부터 “ 오늘은 늦었으니 일단 귀가 한 후 내일 다시 와서 얘기를 하세요 ”라고 귀가를 권유 받자 “ 이 짭새 새끼가! ”라고 욕설을 하면서 왼손으로 위 D의 우측 어깨 부위와 얼굴을 1회 씩 때려 폭행하였다.

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

2. Although the Defendant violated the Punishment of Minor Offenses Act at the same time and place as stated in paragraph 1, the Defendant reported that “the Defendant was assaulted against the police” by putting the phone at the 112 comprehensive situation room of the Korean National Police Agency Southern District Police Agency of Gyeonggi-do and reported to the police.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Spanish photographs;

1. Application of Acts and subordinate statutes notifying departments related to reporting 12 cases;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting, and choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by sentence (Interference with the execution of public duties): Imprisonment for one month to five years;

2. Where the scope of the sentence recommended on the sentencing criteria (as to the crime of interference with the execution of official duties), [the scope of the sentence] [the scope of the recommendation] interference with the performance of official duties, and the area of special mitigation (in January through August), (in the case of a person with special mitigation) (in the case of a person with special mitigation), the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, penalty costs are not imposed.

3. The defendant who has rendered the decision of sentence has committed a crime; and