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

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

Punishment of the crime

1. On June 24, 2016, the Defendant: (a) around 01:45, at the entrance of the MaroM 14 complex located in the center of Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul, for attempted damage to public goods, excavated as if C refused to pay taxi charges while boarding a taxi driven by C and refusing to pay taxi charges.

The threat of this threat C reported the Defendant to the police officer E, etc. belonging to the Seoul Gangseo Police Station D police box, which was patroled at the same place.

When the Defendant was required to verify the statements and personal information of the circumstances of the instant case from the above E, the Defendant got off the cell phone steering session cited by the said E in his hand, but did not have any department.

Accordingly, the Defendant attempted to impair the utility of mobile phone inquiry devices, which are things used by public offices, but did not commit attempted crimes.

2. The Defendant interfered with the performance of official duties at the time, time, and place mentioned in the above paragraph (1), and as seen above, took away the session of mobile phone operation from the above E, and the guard F of the police box affiliated with the above police box attempted to arrest a flagrant offender due to the suspicion of interference with the performance of official duties, and assaulting the above F’s shoulder by hand.

Accordingly, the defendant interfered with the handling of police officers' reports and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to E and F;

1. C’s statement;

1. The application of photographs and the Acts and subordinate statutes for reporting investigations;

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (a person who attempts to damage goods for public use) and Article 136(1) of the Criminal Act (a person who interferes with the performance of official duties) of the same Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order has the record of being punished by a fine for the same kind of crime.

However, the defendant made a confession of the crime of this case and made a mistake.