공무집행방해
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
On September 17, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of attempted fraud at the Busan District Court on September 17, 2018 and completed the execution of the sentence at the Busan Detention House on September 12, 2019.
At around 04:00 on November 22, 2019, the Defendant: (a) reported 112 to “C” located on the 1studio B underground floor of Busan B, and obstructed the Defendant’s legitimate execution of duties by assaulting a police official in relation to the handling of a police official’s 112 report by assaulting a woman on the face of 112 in the process of confirming the details of the report, etc. by the police officer E belonging to the Busan National Police Station D Zone D District of Busan National Police Station, called “I am at all, I am at all, I am at all,” and “I am at any time, I am at any time, I am at any time, I am at any time, and I am at any time.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Previous offense: Application of Acts and subordinate statutes to criminal investigation reports (preliminary offense and confirmation);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of punishment by law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. The sentencing conditions set forth in the proceedings of this case, such as the age, character and conduct, environment, motive, means and result of the crime, etc. of the police officer in the course of performing the duties of decision-making of sentencing, which are not good in quality of the crime, shall be set as the order beyond the lower limit of the recommended sentence according to the sentencing criteria, taking into account the following factors: