공무집행방해
A defendant shall be punished by imprisonment for six 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 January 10, 2017, at around 14:55, the Defendant was disputing D with “C” restaurant located in Pyeongtaek-si B, while drinking alcohol and drinking it to customers at the same place. On January 14:5, 2017, the Defendant: (a) reported and sent to the scene by the police officer F of Pyeongtaek-gu Police Station E-ctation, who was called to the site upon receiving a report, received a written statement from D in relation to the above assault case; (b) sought to take the F’s hand and other f’s handb and other f’s handbling, and took it back to the said F.
Accordingly, the defendant assaulted a police official who was performing legitimate duties concerning the processing of 112 reports and criminal investigations, thereby hindering the execution of official duties.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Application of the law of the police statement protocol to F;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (within the scope of recommended sentence guidelines);
1. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of duties).
2. Determination of sentence - Determination of sentence - Records of crime (no record of interference with the performance of official duties and no record of punishment exceeding a fine), minor degree of assault, records, and changes in the circumstances after the commission of the crime in this case, etc. shall be made in consideration of all the sentencing conditions as stated in the records and changes in the text.