A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. 재물 손괴 피고인은 2016. 9. 13. 00:50 경 김천시 B에 있는 피해자 C이 운영하는 ‘D 주점’ 1 호실에서, 술에 취하여 아무런 이유 없이 “ 내가 술을 많이 팔아 주었으니 때려 부숴도 된다.

“In doing so, the victim’s singing machine monitors, which are the victim’s possession, have broken the beer and damaged to cover approximately KRW 1.50,000 for repair costs.

2. The Defendant shall interfere with the performance of official duties at the time, time, and place specified in paragraph 1, and “Is the customer with the influence of drinking.”

“On the ground that F of the police box affiliated with the Kimcheon Police Station E boxes called Kimcheon, who was called upon the report of 112, confirmed the facts and demanded the Defendant to present his identification card, and assaulted by the above F’s chest, such as walking the f’s chest, flicking and booming the f’s chest at once.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement;

1. Investigation report (re-verification of the amount of damage, etc. to property);

1. Application of Acts and subordinate statutes, such as the field and TV damaged;

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 provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties (the scope of recommendations) and interference with the performance of official duties (the scope of punishment) and the basic area (the period from June to June) (the period from January to June) (the person without any special sentencing)

B. In the case of property damage [the scope of recommended punishment] No. 1 (property damage, etc.) in the area of special mitigation (one month to six months) [the person with special mitigation] where actual damage is minor, punishment is not to be imposed.