공무집행방해등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:05 on May 1, 2018, the Defendant assaulted the victim D(S) who drinks alcoholic beverages on the side table b, without any reason, in the state of being drunk at C’s station located in Busan Metropolitan City, on May 1, 2018, on the one hand, and without any reason, took the victim’s bridge face on one occasion and twice as a drinking.
2. The defendant who interfered with the performance of official duties refers to the statement that the defendant would not take the defendant against the warning of the police officer belonging to the Gyeongsan Police Station E District F sent to the site after receiving a report that an assault case occurred at the above place on the same day at around 00:15.
In the end, violence was committed on one occasion at the left side of F with the floor of hand.
Accordingly, the defendant interfered with the police officer's legitimate execution of duties on the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written statement of D or G preparation;
1. Application of the Acts and subordinate statutes to report internal investigation;
1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses, for which the basic area (from June to June 1) (the scope of the recommended punishment) that there is no person subject to a special sentencing] [the scope of the punishment] of the crimes of assault 2 (Assault) [the scope of the recommended punishment] of the basic area (from February to October] of Category 1 (General Violence) (no person subject to a special sentencing] of Category 1 (No person subject to a special sentencing]: Six months to November 6:
2. Circumstances unfavorable to the determination of sentence: The instant crime is committed by the Defendant, under the influence of alcohol, assaults the next-side customer without any justifiable reason, and is committed when the police officer called out after receiving a report, and the nature of the crime is favorable: The Defendant recognized all of the crimes.