A defendant shall be punished by imprisonment for six 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 March 13, 2018, at around 01:20, the Defendant damaged the victim C’s residence located in Busan B, which was under the influence of alcohol, by breaking a 150,000 won of the market value of the victim and a 1 piling up the market value equivalent to KRW 50,000,000 of the market value.

2. 공무집행 방해 피고인은 2018. 3. 13. 01:20 경 같은 장소에서 위와 같은 이유로 112 신고를 받고 출동한 사 하경 찰 서 D 파출소 소속 경위 E로부터 퇴거하라는 요구를 받자 욕설을 하면서 경위 E의 오른쪽 허벅지를 발로 4~5 회 차고, 이를 말리는 같은 소속 순경 F의 왼쪽 배를 발로 2~3 회 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of C’s written laws and regulations

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

(a) Where there are many public officials who have suffered damage in the aggravated area (one year to four years) of Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) (one year to four years) (Special Aggravation).

(b) Class 1 (Destruction of Property, etc.) in the mitigation area (one to six months), (1) in the mitigation area (including a person who has been specially mitigated), in the punishment not (including a serious effort to recover damage), or in the case where a significant damage has been restored, the scope of final sentence due to the aggravation of multiple crimes: one year to four years;

2. The crime of this case in which the defendant was sentenced to punishment prevents the police officers from performing their legitimate official duties by exposing the fire parts owned by the victim C, and the nature of the crime is not provided, and the law and order of the State.