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

1. 특수공무집행방해 피고인은 2015. 6. 21. 22:30경 고양시 일산서구 B 소재 C식당 앞 도로에서, 안전장구를 착용하지 않은 채 중앙선을 침범하여 오토바이를 운전하였고, 이를 발견한 일산경찰서 D지구대 소속 경찰관 E과 경찰관 F이 위 ‘C식당’ 안으로 뒤따라와 피고인에게 운전면허증 제시를 요구하자, “씨발 내가 잘못했으니까 죽어야겠네”라고 소리를 지르면서 냉장고 옆에 있던 휘발유를 바닥에 뿌리며 라이터를 손에 들고 불을 지를 것처럼 시늉하였다.

As a result, the defendant threatened the police officer with the use of gasoline and gater, which are dangerous objects, thereby hindering the police officer's legitimate performance of duties.

2. When the Defendant was arrested as an offender in the act, etc. of obstruction of performance of official duties at a time, place, etc. as referred to in paragraph (1), the Defendant damaged public goods by damaging the market price by walking the back door of the driver’s seat while walking the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A written statement of the G production;

1. Application of the patrol vehicle photographs and field photographs to the statutes;

1. Relevant statutory provisions concerning facts constituting an offense, Articles 144(1) and 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution: The special crime of obstruction of performance of official duties, category 1 (Obstruction of Performance of Official Duties/Performance of Duties), basic area, category 6-1 and April of imprisonment, category 1 (Invalidity of Public Goods), category 1 (Invalidity of Public Goods), basic area, month 6-1 and June of imprisonment, category 6-6 of the Criminal Code, Defendant resisting to police officers who properly perform official duties.