공무집행방해
The punishment of the accused shall be set forth in six months.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 30, 2016, at around 15:15, the Defendant: (a) 15:15, at the front of the C cafeteria located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) while taking a bath to the employees of the said cafeteria, the Defendant did not comply with the request for returning home from 112 after receiving the 112 report; (c) and (d) Doescing that D would be arrested as a flagrant offender and was arrested as a flagrant offender; and (c) Doescing that “Csponse” took one time the left part of G’s boundary at his hand.
As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties by assault.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each police statement concerning G and F;
1. Application of H’s self-performance statute;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria [Determination of Sentencing] Application of the obstruction of performance of official duties (Determination of the scope of recommendation field] Basic area / 6 months to 1 year and 4 months / 1 year / there is no effort to recover damage / There is no clear social relation, serious reflectness, or no criminal record of suspension of execution or more.
2. Determination of sentence is based on the following circumstances: (a) the type and degree of the instant crime; (b) the criminal punishment of the Defendant (no of the same kind of crime); and (c) the recognition of the crime; and (d) the Defendant’s age, character and conduct, environment, and circumstances shown in the instant trial; and (b) the sentence is determined as ordered.