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

1. On August 2, 2014, the Defendant: (a) around 05:50 on August 2, 2014, the damage of property: (b) at the “Dnok Road” of the Victim C’s Operation in Busan B, the Defendant: (c) was under the influence of alcohol; and (d) the employees, who wish to enter the main room of the said establishment, told the Defendant to leave the door door from the next door door.

Accordingly, the defendant damaged the property owned by the victim to be in excess of KRW 200,000.

2. 공무집행방해 피고인은 2014. 8. 2. 06:15경 부산 연제구 E에 있는 부산연제경찰서 F지구대에서 제1항의 기재와 같은 이유로 현행범인 체포된 것에 화가 나, 위 지구대 소속 경위인 피해자 G(남, 44세) 등 경찰관들에게 ‘씹할 놈들아, 개새끼들아’라고 욕설을 하였고, 이에 피해자가 피고인을 제지하자 손으로 피해자의 오른팔을 할퀴고, 발로 피해자의 엉덩이를 찼다.

Accordingly, the defendant interfered with the arrest of a flagrant offender by a police officer who is a victim and the legitimate execution of duties concerning the handling of a case within a district group.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H, C, and G;

1. Photographs (victims, CCTV images, etc.);

1. Application of Acts and subordinate statutes to report on investigation (the status of acceptance of flagrant offenders, estimate of damage, etc.);

1. Obstruction of performance of official duties in relation to criminal facts: Article 136 (1) of the Criminal Act; Article 366 of the Criminal Act;

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 on the suspension of execution ( comprehensively considering overall circumstances, such as the absence of criminal history, and the refusal of criminal punishment by agreement with the victim C);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;