공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 26, 2016, around 12:10 on May 26, 2016, the Defendant: (a) reported 112 that there was a trial expense in a restaurant in Mapo-gu Seoul; and (b) expressed a desire for returning home from F ( South, 45 years old) in the process of the position of the Mapo Police Station E District, Mapo-gu, Seoul, which was called up, used assaulting F’s chest on one occasion.
Accordingly, the defendant assaulted a police officer who performs legitimate duties in relation to 112 reporting processing.
Summary of Evidence
1. The legal statement of witness F and G;
1. Statement made by the police with F [this criminal facts are recognized as one which may believe that the statement was made in light of the consistency, physical strength, legal attitude of the statement made by F, G, etc.];
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The term of imprisonment is set as four months in consideration of the following: (a) the active tangible power of sentencing under Article 62(1) of the Criminal Act is exercised; (b) the selection of imprisonment is denied; (c) there is no same type of crime record; (d) the fact that there is no criminal record since 2009; and (e) the prosecutor’s old sentence is equally living; and (d) the execution of the sentence is