공무집행방해
A defendant shall be punished by imprisonment for not less than eight 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
On February 20, 2018, the Defendant: (a) stated that “A man under the influence of alcohol is unable to break away his body” on the front side of the Manan-gu Mayang-si, Mayang-si, the Defendant: (b) at around 112, when he received a request from E, a police officer affiliated with the D Zone of the Police Station, within the boundary of the game that arrived at the site after receiving a 112 report, he was able to board and return a taxi; (c) but he was under the influence of alcohol so that he could interfere with the performance of his duties while blocking E, by putting his hand away from the police officer’s clothes; (d) the Defendant, on his own hand, assaulted E on one occasion the far left brea of the police officer, with his hand, at one time.
Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and the prevention of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A E-document;
1. Application of the Act and subordinate statutes to the investigation report (No. 1 No. 1 of the evidence list), the investigation report (the confirmation report of evidence image);
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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);
1. Determination of sentencing under Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: The fact that a person committed the same kind of crime at another time even though he/she was sentenced to a fine of six million won due to a crime of interference with the performance of official duties on April 15, 2016; the circumstances favorable: the defendant reflects the mistake; the defendant is not guilty; other circumstances include the defendant's age, sex, occupation, family relationship, property status, etc.;