A defendant shall be punished by imprisonment for two years.

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

Criminal facts

1. On February 11, 2016, the Defendant, who attempted to commit fire to the existing structure and fire, was under the influence of alcohol in the Ebes bank located in Busan Young-gu, Busan, which is operated by the Victim C, and was influencing inside the lock, but was refused by the victim. However, the Defendant attempted to fire by the method of making the flucing hole, which was located in the bank, take a flucing hole, with a flucing hole inside the bank, destroyed the flucing hole near the stop box and then moved the flucing substance onto the stop box, and attempted to remove the flucing substance, but the Defendant failed to commit the attempted crime because the flucing hole was destroyed by the police officer dispatched after receiving the 112 report and failed to spread.

(A) The prosecutor applied the foregoing shop to a building used by a person as a residence, and indicted him as “the crime of attempted fire-prevention against the present building.” However, according to the following evidence, the above shop is a building in which a person had been present at the time of committing the crime without using it as a residence. Therefore, the Defendant’s act constitutes “the crime of attempted fire-prevention against the present building.” Thus, even if recognized as such, it is determined that there is no concern that the Defendant would be any substantial disadvantage to the Defendant’s exercise of the right to defense. Therefore, the Defendant of the obstruction of performance of official duties ex officio changed and recognized as stated in its reasoning).

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A report on investigation (Attachment of a field photograph);

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article of the Criminal Act and Articles 174 and 164 of the Criminal Act concerning the selection of criminal facts;