공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 14, 2016, at around 03:15, the Defendant: (a) was under the influence of alcohol at a restaurant located in Jung-gu Seoul, Jung-gu, Seoul, and 1st floor C, and (b) the police officer belonging to Jung-gu, Seoul, who was called upon 112, recommended the Defendant to return home to the Defendant; (c) the Defendant expressed that the Defendant “this Chewing son” was hicking the victim’s face at one time, and obstructed the police officer’s legitimate performance of duties concerning the duty of sending the report.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of F’s written Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The basic area (referring to six months to one year and four months) of the sentencing criteria [the scope of the recommended punishment] that interferes with the performance of public duties; and
2. The criminal defendant, who was sentenced to punishment, committed assault against a police officer who was dispatched after receiving a report of disturbance at the place of business of a good ordinary people, does not constitute a crime and has a record of punishment several times due to violent crimes.
However, the fact that the defendant reflects the wrong, appears to be a criminal act that has committed contingent under the influence of alcohol, the fact that there is no criminal record for the same kind of crime, and that the person with a disability of the third degree with delay disability is the person with a disability of the third degree
In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.