A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around April 6, 2017, the Defendant damaged the property by gathering vegetables and vegetables on the wall surface of a drinking house in the process of dispute with E while drinking alcohol from “D”, which is a drinking house for the operation of the Victim C, located in Seosan-si, B, and by having the damaged person ice on the wall of a drinking house for repair costs.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, led the police officer who received a 112 report on the side of the foregoing drinking house to be dispatched to the site by avoiding the disturbance as described in paragraph 1.

피고인은 현장에 출동한 경찰관인 논산 경찰서 F 지구대 소속 경위 G 및 경사 H으로부터 신분증 제시를 요구 받자 욕설을 하면서 손을 들어 경사 H의 얼굴을 수차례 때리는 시늉을 하고, 이와 같은 행위로 인해 공무집행 방해죄로 현행 범인으로 체포된 상태에서 위 G의 배를 발로 2회 차 폭행하였다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials concerning 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and C;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographing photographs, etc.);

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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

1. For the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, in the case of crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation] and Article 62(1) of the Act on the Suspension of Execution of Official Duties, the scope of final sentencing based on the aggravation of Punishment (including serious efforts to recover damage) where there is no person subject to special sentencing], the basic area (from June to January 1) (the scope of Recommendation) [the scope of punishment], the mitigation area (from January to June), the mitigation area (including damage of property, etc.] [the person subject to special mitigation], the punishment exemption (including serious efforts to recover damage), or a significant damage is restored, the scope of final sentencing based on the aggravated punishment for multiple crimes: 6 months to September 1: 6.