공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Around 01:00 on October 18, 2020, the Defendant was under the influence of alcohol at the C District District of the Gyeongnam Police Station in Yangsan-si, Yangsan-si, B, and was aware that the Defendant’s spouse was under the influence of drinking and was compelled to the said District, and caused the police officers to have his spouse reach the said District, and the Defendant was able to ask the police officers to return home from D while working there. However, the Defendant expressed the above D’s desire to read “Mada, Mada, Han-do, Han-si, Han-si.”
Accordingly, the defendant interfered with legitimate execution of duties by police officials on public peace and order maintenance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes concerning violence parts, CCTV-free video images, and video images;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with labor for one month to five years;
2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.
3. Determination of sentence: (a) the Defendant recognized the instant crime; (b) there is no criminal history that exceeds a fine; and (c) the Defendant’s establishment of national order and implementation of official duties in order to eradicate public peace; (b) the Defendant’s crime obstructing the performance of official duties requires strict punishment; and (c) the Defendant’s crime obstructing the performance of official duties requires strict punishment; (d) the degree and duration of the crime’s commission of the crime; and (e) the Defendant’s age, sex, behavior, environment, motive, means and consequence of the crime; and (e) the records, such as the circumstances after the crime, etc., are revealed in the sentencing guidelines; and (e)