A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. On March 18, 2016, at a convenience store located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant damaged property by getting off the screen of the automatic cash withdrawal machine owned by the victim, Cheongho-ho, Inc., Ltd., Ltd., which was set up at a place under the influence of alcohol one time and then damaged a gold.

2. 공무집행 방해 피고인은 2016. 3. 18. 03:04 경 위 편의점 앞에서 ‘ 편의점 내 ATM 기 화면을 깬 사람이 있다’ 는 112 신고를 받고 현장에 출동한 강원 홍천경찰서 D 지구대 소속 E 경위가 파손된 현금 자동 인출기 상태를 확인하고 위 편의점 종업원 F에게 피해 경위를 조사하고 편의점 밖으로 나오자 “ 이 병신 새끼야 어떡할 건데 ”라고 욕설을 하면서 오른발로 E의 허리 부위를 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and E;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects a punishment, Article 136 (1) of the Criminal Act (a point of failing to perform official duties), and Article 136 (2) of the Criminal Act (a point of failing to perform official duties), and the

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (Interference with the performance of official duties) / [Type 1 (Interference with the Execution of Official Duties) of the Group of Crimes Interfering with the Performance of Official Duties / Imprisonment with prison labor for not less than six months up to one year and four months (basic areas);

(b) Class 2 (Destruction of Property) / [Types of Crimes] Class 1 (Special Mitigation of Property, etc.) (Special Mitigation of Property, etc.) / [Scope of Recommendation / Imprisonment for one month from one month to six months (Mitigation of Reduction);

(c) Final sentence scope according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of six months to one year and seven months;

2. That the degree of assault inflicted by the defendant in the decision of sentence to police officers E is minor;

It is difficult to see, and the defendant has been punished several times due to past violent crimes.