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

【Criminal Power】 On November 27, 2014, the Defendant was sentenced to a suspended sentence (five million won of a fine) by the Jeonju District Court on the grounds of obstruction of performance of official duties, etc., and the sentence becomes final and conclusive on December 5, 2014, and is currently under the period of suspended sentence.

【Criminal Facts】

1. On June 10, 2015, the Defendant causing property damage: (a) around 01:14 on June 10, 2015, at the victim D’s residence located in Yasan-gu, Yasan-si, the Defendant added the victim’s wife name, and (b) as soon as possible, read “the dead and kack kack kack,” and sound the entrance door “the seat,” and then damaged the entrance of 3.60,000 won at the market price owned by the victim.

2. 공무집행방해 피고인은 위 일시, 장소에서, ‘모르는 사람이 문을 두드린다’는 내용의 신고를 받고 출동한 전주완산경찰서 E파출소 소속 경위 F으로 ‘집으로 귀가할 것’을 권유받자, ‘여기서 뛰어내리겠다, 같이 떨어져 죽자, 마지막으로 라이터 좀 줘봐, 새끼야’라고 욕설을 하면서 발로 위 F의 낭심과 배를 각각 1회 걷어찼다.

피고인은 계속하여 전주시 완산구 G에 있는 전주완산경찰서 E파출소에서, 위와 같은 이유로 공무집행방해죄의 현행범인으로 체포된 것에 불만을 품고 그곳에 있는 경찰관들에게 욕설을 하면서 발로 위 F의 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of police officers' crimes and the protection of people's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each statement of H and D;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;