A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. 공무집행방해 피고인은 2016. 5. 26. 00:13경 서울 광진구 C 앞 노상에서 피고인의 처가 운전하는 D 쏘렌토에 동승하여 가던 중 피고인의 처가 교통사고를 발생시켜 신고를 받고 출동한 서울광진경찰서 E지구대 소속 순경 F으로부터 사고 장소에서 차량을 이동해 달라는 요구를 받자 화가 나, 욕설을 하며 주먹으로 F의 얼굴을 1회 때리고, 공무집행방해죄의 현행범인으로 체포되어 위 지구대 소속 경위 G가 순찰차에 태우려 하자 이에 저항하며 발로 G의 가슴과 팔, 다리 등을 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention, suppression and investigation of F and G crimes.

2. When the Defendant was arrested at the time, time, and place indicated in paragraph (1) as above, and went to the patrol vehicle, the Defendant resisted the back of the patrol vehicle’s driver’s seat on the two-way patrol vehicle, and obstructed its utility so that the Defendant’s repair cost amounting to KRW 179,818, supra, can be displayed even by walking off the back of the patrol vehicle on several occasions.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The statement of each police officer made to F and G;

1. Damage photographs;

1. A report on investigation by telephone;

1. Investigation reports (related to documents, such as medical certificates);

1. Application of the Acts and subordinate statutes concerning investigation reports (referring to patrols, 32, and video images);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations based on the sentencing criteria: Imprisonment for six months to two months; and

(a) Type 1 (Invalidity of Public Goods) for the invalidation and destruction of public goods used in committing crimes - Basic area (from June to January 6): No person who has been sentenced to special punishment:

(b) Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) - Basic Area (6 to 1 April) - No special person:

(c)in accordance with the increase of multiple offenses.