A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 8. 24. 00:10 경 서울 중랑구 C 앞 노상에서 술에 취한 상태로 D과 시비하여 ‘ 젊은 남자가 어떤 남자를 폭행한다’ 는 112 신고 (no .12799 )를 받고 출동한 E 지구대 소속 경찰관 경사 F으로부터 제지 받게 되자 이에 불만을 품고 갑자기 발로 위 F의 오른쪽 발목 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

2. The Defendant damaged public goods by assaulting a police officer at the time and place specified in paragraph 1, as stated in paragraph 1, and thus refusing to take the patrol while arrested him as an act of obstructing the performance of official duties, and by walking the front gate part of the patrol vehicle No. 12, which is an object used by a public office, up to twice, the Defendant lost its utility by walking the front gate part of the patrol vehicle No. 12.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the patrolr of a motor vehicle brush and photographed by a person under his/her influence;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (elective of imprisonment) and Article 136 of the Criminal Act concerning the choice of punishment (elective of imprisonment);

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant has been punished several times as an act of violence, the fact that the defendant appears to have paid the patrol car repair expenses, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as the same as the order;