공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six 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
On April 14, 2020, the Defendant, at a “C” restaurant located in Guro-gu Seoul Metropolitan Government, on April 22 and 57, 2020, received a 112 reported telephone, and received a request for a presentation of identification card from E in the circumstances belonging to the D Zone of the Guro Police Station, Guro-gu Seoul, Seoul, and received a demand for a presentation of identification card, the Defendant assaulted the E face one liter on the table, while taking the bath, by gathering two tacts.
Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police records of 112 reporter report cards to E;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: One month to five years;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for six months, conditions unfavorable to a suspended sentence for two years: The number of fines for crimes of violence, etc. is allowed, and the crime of obstruction of performance of official duties is against the circumstances that are favorable to the fact that the crime of obstruction of official duties requires strict punishment as a crime detrimental to the State’s function by hindering the legitimate exercise of public authority: As above, the punishment shall be determined as ordered by taking into account all the circumstances of the arguments and records of the case, including the circumstances that the defendant was not able to pay, character and behavior, environment, motive, means,