A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

1. On January 22, 2020, the Defendant: (a) around 08:55, the Defendant: (b) requested a police officer to leave a restaurant consisting of the victims D in the building No. B; (c) on the part of the victim D in the building No. B; and (d) on January 22, 2020, he collected one plastic new plate on the market price managed by the said D, which was on the tables in the restaurant; and (d) has impaired its utility.

2. 공무집행방해 피고인은 위 1항과 같은 일시 및 장소에서 112신고를 받고 현장에 출동한 남양주경찰서 F지구대 소속 경사 G으로부터 식당 밖으로 퇴거할 것을 요구받자 화가 나 욕설을 하면서 손으로 경찰관의 손을 가격하고, 몸을 밀치고, 이후 위 1항과 같은 재물손괴 혐의로 현행범인 체포되자 위 G의 다리와 몸 부위를 수 회 발로 찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report on D’s written statement (verification of a police officer’s scamt) and investigation report on video images of a scamt (for additional statements made by a restaurant employee D),

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Attachment 1] No person who has the obstruction of performance of official duties [No person who has been specially punished] (the scope of the recommendation field and recommendation range] basic area, six months to one year and six months;

(b) Class 2 crimes (determination of types) (Destruction of and damage to property). General standards for damage.