공무집행방해
A defendant shall be punished by imprisonment with prison labor for four months.
However, 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
On May 28, 2018, at around 01:45, the Defendant 112 reported to the third party before the C convenience store in Ischeon-si B, and the Defendant 112 reported to the effect that “the Defendant francing drinking,” resisted that the Defendant francing from E in the circumstances where the D District Unit was located in the Gyeonggi-do Police Station D District, and obstructed the Defendant’s chest by carrying the said police officer once in his hand, thereby obstructing the Defendant’s legitimate execution of duties concerning the prevention and suppression of the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. The scope of punishment by sentence: Imprisonment for one month to five years;
2. The range of the sentence recommended on the sentencing criteria [the range of the recommended sentence] the scope of the sentence [the scope of the obstruction of performance of official duties] where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant (a special mitigation person] and the punishment is not imposed (a type 1, a serious injury has occurred).
3. Although it is not good in that the defendant who made a decision to punish him/her was sent to another person by provoking a vision, and the police officer who sent to the police by the security guards exercised violence, the degree of damage is relatively minor, and the damaged police officer does not want the punishment of the defendant.
The punishment shall be determined as per Disposition in consideration of these circumstances, the age of the defendant, family environment, and all the circumstances shown in the records.