A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[criminal record] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for the purpose of obstruction of performance of official duties, etc. in the Daejeon District Court’s Branch on August 23, 2012, and the said judgment became final and conclusive on August 31, 2012 and is currently under the grace period.

【Criminal Facts】

1. 공무집행방해 피고인은 2013. 2. 2. 00:52경 천안시 서북구 C에 있는 D주점에서 술에 취하여 술병을 바닥에 집어던지고 그곳 종업원과 다른 손님들에게 행패를 부려 위 노래클럽의 영업을 방해하던 중, 천안서북경찰서 E지구대 소속 경찰관 F, G이 신고를 접수하고 현장에 도착하여 자신을 제지하자 '씨발놈아, 죽여버린다, 꺼져’라는 등으로 욕설을 하면서 발로 위 G의 배 부분을 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the suppression and investigation of police officers' crimes.

2. The Defendant causing property damage, at around 00:52 on February 2, 2013, when 00:52, the singing club as indicated in paragraph (1) used a police officer’s bath and used a police officer’s assault, and used a mobile phone to take the luminous border by using a mobile phone, the Defendant H, a police officer belonging to the Incheon Western Northern Police Station E District Unit, intended to take the luminous border by using the mobile phone, and caused the victim to fall into the floor by leaving the cell phone used by the victim as his/her hand, thereby damaging the mobile phone owned by the victim to take up KRW 300,000 in total the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of G and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act of the corresponding Article 136 of the Criminal Act concerning the crime (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging

1. From among concurrent crimes, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same crime and again commits the crime of this case during the period of suspended sentence.