공무집행방해
A defendant shall be punished by imprisonment for four 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 August 29, 2012, the Defendant was issued a summary order of KRW 700,000 as an assault crime by the Jeonju District Court.
【Criminal Facts】
On December 5, 2018, the Defendant: (a) around 22:25, at the time of the Jeonju-gu, 2018, sent the D cab in front of the building B, which was a sacrife for the first week, and was in front of that year, to use the F Ba, which was located in Seojin-gu E; (b) the Defendant attempted to assault the said C at the parking lot of the said F Ba at the request of C; and (c) was subject to the control from the G to which the said police box belongs; and (d) the Defendant provided the said G with the desire to read, “W Ba sa sp. s. s. s. s. s. s. s. s.
Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of crime victims and the maintenance of order of police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement (C and G);
1. Application of the Acts and subordinate statutes to the investigation report (related to CCTV image analysis);
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. Although probation and community service order had been punished for a crime of assault for the reason of sentencing under Article 62-2 of the Criminal Act, the defendant who obstructed the performance of official duties by exercising violence against police officers who perform legitimate official duties shall be subject to punishment.
However, considering the fact that one's mistake is both visible and contradictory, and the defendant's age, character and conduct, environment, the motive and background of each of the crimes of this case, means and methods, and circumstances after the crime was committed, the punishment like the order shall be determined by taking into account the following factors: