공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2019. 4. 30. 01:02경 인천 부평구 B에 있는, C안경점 앞에서, 순찰차 거점 근무 중인 인천부평경찰서 D지구대 소속 순11호 순찰차로 다가가 술에 취하여 알 수 없는 말을 계속하였고, 이에 지구대 소속 경위 E으로부터 귀가하라는 요청을 받자 E의 멱살을 수회 잡아 흔들고 손으로 때리려는 시늉을 하였다.
Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention, investigation, etc. by police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;
1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: there is a record of multiple penalties due to violence.
Since the crime of assault was committed, the crime of this case was committed.
The favorable circumstances: Recognizing the crime, the mistake is divided.
The degree of obstruction of performance of official duties is not severe.
There is no history of punishment exceeding a fine.
Other circumstances, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, etc., shall be determined as per the order.