A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On December 17, 2014, the Defendant was sentenced to a suspended sentence of two years in the first branch of the Chuncheon District Court for a crime of fraud. On December 23, 2015, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for the same crime in the same court on December 23, 2015, and is currently under a suspended sentence of two years.

[Criminal facts]

1. On December 31, 2015, the Defendant who damaged property was under the influence of the victim D, who was in front of the victim D’s residence at Si of Si of Si of Si of Si around 01:20 on December 31, 2015, the Defendant, without any justifiable reason, had the victim walked 300,000 won of the market value (153cm in width and 190cm in length, and 2 meters in thickness) with the free will of the victim.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. The Defendant interfered with the performance of official duties, at the date and time, at the place specified in paragraph 1, and at the place, the Defendant sent to the site a report of 112 that the Defendant destroyed the glass window and avoided the disturbance as above, and was arrested as a flagrant offender from the E District F, Police Officer of the E District, and Police Officer G, the Defendant called to the site, and whether the Defendant “We w h, h, police officer,

좆같은 새끼들 아 ’라고 욕설을 하면서 위 F의 상의 옷과 멱살을 잡고 발로 오른쪽 종아리 및 허벅지 부위를 3회 걷어찼다.

Accordingly, the defendant, who is a police officer, interfered with legitimate execution of duties concerning reporting duties and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Photographs that causes damage to property and obstructs performance of public duties;

1. Each report on investigation;

1. Previous convictions: Inquiry into criminal history, investigation reports (verification during the period of stay of suspect execution), and application of each of the above-mentioned Acts and subordinate statutes;

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

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that increase concurrent crimes: A certain amount of money is deposited against the police officer who interfered with the performance of official duties after having agreed with the victim of property damage, and a suspended sentence is rendered in this case where imprisonment becomes final and conclusive.