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

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

Punishment of the crime

1. On May 11, 2020, the Defendant damaged the property by getting out of the air of approximately 70cc in length and jointly owned with the victim D (the age of 41) who was found in the Defendant’s residential area located in B apartment C at Chungcheongnam-si, Chungcheongnam-si, the Defendant damaged the property by getting out of the air of approximately 70cc in length and leaving the air of the victim and joint owned by the Defendant.

2. 공무집행방해 피고인은 2020. 5. 11. 21:00경 위 제1항의 장소에서 112 신고를 받고 현장에 출동한 충주경찰서 E지구대 소속 경위 F, 경사 G에게 "짭새들이 남의 집에 왜 들어오냐, 나가라."라고 하며 경위 F의 멱살을 잡아 집 밖으로 밀치고, 이를 제지하는 경사 G의 가슴을 양손바닥으로 1회 때리고, 경위 F의 등을 밀치고, 이를 제지하는 경사 G의 멱살을 잡고 밀치며 위 G이 소지하고 있던 경찰장구인 38권총을 빼앗으려고 하는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to F, G, and D;

1. Application of Acts and subordinate statutes to 112 reported case handling lists, victims, and photographs of destruction of damaged articles;

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

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. The person shall be sentenced to imprisonment because of the high risk of recidivism of domestic violence on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 44-2 (1) and (2) of the Medical Treatment and Custody, etc. Act, and the degree of obstruction of performance of duties is serious;

However, there is no penalty heavier than the suspended sentence of imprisonment for the defendant, and it seems that the family's livelihood will be significantly difficult due to the detention of the defendant.