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

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

Punishment of the crime

At around 00:40 on June 4, 2019, the Defendant: (a) obstructed the front of the wind stom vehicle operated by the victim D without any reason due to alcohol on the road in front of the “C” restaurant located at a macro-si B; (b) opened the vehicle in front of the wind strawle vehicle operated by the victim D without any reason; and (c) opened the vehicle with the front string of the foregoing vehicle on one hand, and continued to set the cell phone on one hand.

As a result, the Defendant destroyed the blicks of the victim and caused the repair cost to be 687,476 won to be effective.

공무집행방해 피고인은 위 1항과 같은 일시, 장소에서, 112신고를 받고 출동한 거제경찰서 E지구대 소속 경위 F이 사건내용을 듣는 과정에서 “쪽바리 개새끼들아 니가 뭘 잘했다고 씨발놈아, 너그들 씨발놈 이리 와봐라”라며 10여 분간 욕설을 하면서 오른손을 들어 F을 때릴 듯이 위협하면서 F의 몸을 밀치려고 하고, 현행범인으로 체포된 후 F에게 ”야 개새끼야“라고 욕설을 하며 F의 얼굴을 향해 침을 1회 뱉었다.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of H and I;

1. Written estimate of repair costs;

1. Application of two Acts and subordinate statutes to two photographs of damaged vehicles;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).