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

Punishment of the crime

[Criminal Power] On November 29, 2017, the Defendant was sentenced to two years of imprisonment for special injury in the Daejeon District Court’s Branch of the Daejeon District Court for the purpose of committing a crime of injury, and the judgment became final and conclusive on December 7, 2017, and is still under probation. On August 24, 2018, the judgment was finalized on August 15, 2019 by being sentenced to two years of probation and community service order for six months of imprisonment for an injury in the Daejeon District Court’s Incheon District Court’s Branch of the Daejeon District Court for the purpose of committing a crime of injury.

【Criminal Facts】

On May 26, 2019, at around 08:00, the Defendant received a report of assault in front of C on the street located in Western-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and sent out to the site, and the Defendant met with E and F, a policeman belonging to D District Police Station D District Unit of the Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant sent home to the patrol vehicle of G where the Defendant was at the expense of the Defendant, and did not put him to the patrol vehicle, and assault the above police officer, who tried to start the operation seat of the said patrol vehicle of the said police officer, by force, after getting the said police officer on board the H patrol vehicle.

Accordingly, the Defendant attempted to damage the patrol vehicles, which are goods used by public offices, and obstructed the police officers' legitimate execution of their duties concerning the handling of the 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on-site visit situation, etc.) and written confirmation (A);

1. Photographs of the damaged patrol vehicle;

1. A report on internal investigation;

1. An explanatory invoice (matters concerning the destruction of a patrol vehicle not submitted in a written estimate);

1. Previous convictions: Defendant’s legal statement, criminal records, investigation report (the fact that the period of suspension of execution of sentence is in progress), investigation report (the fact that a separate appellate trial is in progress) is necessary to carefully judge whether Defendant’s consent to walk patrol vehicles may constitute assault against police officers. However, it is sufficient that Defendant’s use of force in the crime of obstruction of performance of official duties does not necessarily mean that the assault against a police officer does not necessarily correspond to a person’s body, and it is indirectly against a person, even if it is exercised.