A defendant shall be punished by imprisonment for not more than ten 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. 공무집행방해 피고인은 2018. 12. 6. 00:39경 용인시 기흥구 B건물 앞 도로에서 ‘취객이 폭행, B건물 앞’이라는 내용의 112신고를 받고 출동한 용인서부경찰서 C파출소 소속 경위 D 및 순경 E가 피고인에게 인적사항을 물어보자 ‘니들이 뭔데. 일도 못하면서 죄 없는 사람을 잡아가려고 말이야.’라고 말하며 무릎으로 D의 낭심 부분을 1회 가격하고, 계속해서 위와 같은 범행으로 인해 현행범인으로 체포되어 순찰차에 탑승하는 과정에서 발로 D의 얼굴 부분 및 E의 오른팔 부분을 각각 1회 걷어찼다.

Accordingly, the defendant interfered with the 112 report processing by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

2. At around 00:45 on the same day, the Defendant was arrested as a flagrant offender on the ground that he committed the crime as described in paragraph (1) at the place specified in paragraph (1) and moved to a police box to the back of the patrol vehicle to the C police box. On the other hand, the Defendant: (a) caused the boom installed inside the patrol vehicle to be separated from the above patrol vehicle by walking away from the patrol vehicle; and (b) caused the above boom to be removed from the black box attached to the upper end of the patrol vehicle; and (c) caused the above boom to go off.

Accordingly, the defendant has damaged the number of articles used by public offices to the extent of 200,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. G statements;

1. Interior of vehicles and photographs of victims;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim D and E diagnosis report), a criminal investigation report (Submission of a estimate of damage related to the damage to public goods), and a criminal investigation report (on-site CCTV images and other images);

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;