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. 공용 서류 손상 피고인은 2018. 2. 14. 22:10 경 경남 사천시 B에 있는 사천 경찰서 C 지구대에서, 피고인이 D 소재 E 편의점에서 손님을 폭행한 사실로 임의 동행되어 위 지구대 소속 경찰관으로부터 임의 동행동의 서와 형사사건 출석 요구서의 서명을 요구 받자 “ 짭새 들, 씨 발 놈들” 이라며 욕설을 하면서 위 지구대에서 사용하는 공용 서류인 임의 동행동의 서와 형사사건 출석 요구서를 찢어 그 효용을 해하였다.

2. Around 22:14 on the same day, the Defendant, who interfered with the performance of official duties, took a bath to “F’s ebbbbbbbbage,” who was asked by the police officer F to return to the house by refusing to sign and seal a voluntary consent letter and a written request for attendance in a criminal case, such as the content thereof, at the same place.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal case processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the police statement related to G;

1. Official document photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (damage to documents for public use), Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties) and imprisonment with prison labor for each crime;

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, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 offence - The sentence of recommending interference with the performance of official duties: one month to eight months (the area of mitigation): Where the degree of assault is minor;

(b) 2nd offence - The sentence of recommending damage to official documents: one month to eight months (the area of mitigation): Where the value of destroyed articles is insignificant;

(c) Many offenses: one month to one year;

2. The defendant who has been sentenced to a fine shall have the power to be sentenced to a violation of the performance of official duties in around 2014;

However, the extent of the assault is minor;