공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On August 6, 2015, at around 22:50, the Defendant was under the influence of alcohol in front of the “C convenience store” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the same day, the Defendant: (a) was required by the DNA border head, a police officer belonging to the traffic safety department of the Incheon Bupyeong-gu Police Station, to walk up to India; (b) was humbed by the Defendant, “Nn’s democratic police officer, dead, and dead,” and humbing the chest part of the police officer’s chest on the hand.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);
2. The Defendant’s decision on the sentence of this case recognized the instant crime and reflects the fact that there is no record of the suspended sentence or more, under favorable circumstances, that the instant crime was committed by assaulting a police officer who solicits India to commit the instant crime, and that the nature of the instant crime was bad, shall be considered under unfavorable circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.