1. 공무집행 방해 피고인은 2016. 4. 8. 15:30 경 고양 시 덕양구 C에 있는 “D 편의점” 앞에서, “ 술 취한 사람이 와서 물건을 부쉈다.

“Around 15:50 of the same day, at the back of the patrol vehicle, F, a police officer of the Goyang Police Station E District, dispatched to the site after receiving a report of 112, was engaged in assaulting that F, a police officer of the Goyang Police Station, was on board the back seat of the G patrol vehicle, and was in the village 2 of Goyangyang-gu, Goyang-gu, Goyangyang-gu, 983, the Defendant’s residence, and 15:50 of the same day, while taking a bath at the back seat of the said patrol vehicle, the protection partitions of plastic material was strongly cut down about 10 times in his hand, and the protection partitions was displayed, and f, f, who was seated on the back of the chill.

As a result, the defendant interfered with legitimate execution of duties of police officers on the prevention of crimes.

2. The Defendant damaged public goods in the above G patrol car at the time of the above day, as seen above, destroyed the repair cost of the amount that is not known, such as 10 times off the protection partitions in hand, and 1-2 cm off about 1-2cm off.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning facts constituting an offense (the point of impairing goods for public use);

1. Selection of each sentence of imprisonment;

1. Sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes is aggravated;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Interference with the performance of official duties [decision of type] There is no person who interferes with a crime obstructing the performance of official duties, interference with the performance of official duties, and no person [the scope of punishment for recommendation] (the scope of punishment for recommendation], six months of imprisonment, and one year and four months;

B. There is no type of a crime that interferes with the execution of official duties, a crime that interferes with the invalidation and destruction of public goods, and no type 1 [the scope of recommendations and sentence] (the scope of recommendations and sentence], six months and one year.