A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Performance of official duties;

A. On March 21, 2020, around 01:23, the Defendant, on March 21, 2020, received a 112 report that “the Defendant is going to use on the way to the south” on the front side of the Seocheon-si B apartment on March 21, 2020 and received a protective measure by the police box C commander of the Seocheon-si Police Station, who was called out.

피고인은 위 D으로부터 ‘집까지 데려다 줄테니 신분증을 제시해 달라’는 요구를 받자, 아무런 이유 없이 오른발로 위 D의 왼쪽 정강이를 3회 걷어차고, 위 D으로부터 “공무집행방해죄가 될 수 있다.”라는 취지로 경고를 받고도 계속하여 오른발로 D의 왼쪽 허벅지를 2회 걷어찼다.

Accordingly, the defendant, who is a police officer, interfered with the legitimate execution of duties concerning the handling of reported cases.

B. On March 21, 2020, at around 01:42, the Defendant: (a) arrested the Defendant as a flagrant offender of the obstruction of performance of official duties; (b) taken the Defendant into custody at the police box located in Seocheon-si E, Seocheon-si; and (c) taken the cell phone devices in his possession toward the above D, and was in line with the left part of D.

Accordingly, the defendant, who is a police officer, interfered with legitimate execution of duties concerning the crime investigation of the above D.

2. At around 01:45 on the same day as the above paragraph (a) of Article 1, the Defendant damaged public goods, at around 01:45, at the above C police box, the partitions installed in front of the waiting seat were cut off from the support stand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes on photographics, investigation reports (Attachment of motion pictures attached to DNA), video photographs, investigation reports (verification of CCTV images in the Costations), CCTV images verification, and written estimates to the police in relation to D;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment) and Article 141 of the Criminal Act concerning criminal facts.