공무집행방해
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
On July 15, 2015, around 16:11, the Defendant: (a) committed assault, such as assaulting “C” in the Seogugu Office B, Daegu; (b) in order for E, a police officer affiliated with the D Zone D District of the Taegu Police Station, sent out to check the site to find gold or fire fighting, etc. that arrive at the said site and concealed, the Defendant obstructed the police officer’s legitimate performance of duties concerning criminal investigation by assaulting E, such as: (c) marking off the face of E, for whom the presentation of identification card is required by E; and (d) cutting off E’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. A report on investigation (with regard to circumstances of arrest);
1. Application of statutes, such as site photographs;
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 (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been committed by the Defendant upon receiving a report on the crime of gambling, and thus obstructing the performance of official duties concerning the crackdown on the crime of gambling by assaulting the above police officers. The crime of this case is very heavy.
However, the sentencing conditions such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, relationship with the victim, circumstance after the crime, etc. shall be determined as ordered by considering the following factors: the defendant's confession of the crime, reflects his depth, the degree of violence against police officers is relatively minor; the defendant has no criminal record of being punished for the same crime; the defendant has no criminal record; and the defendant