공무집행방해등
A defendant shall be punished by imprisonment for one year.
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
1. On March 3, 2015, the Defendant: (a) around 20:50 on March 3, 2015, the victim E in Songpa-gu Seoul Metropolitan Government, was under the influence of alcohol in front of the first floor elevator of the F building that he works as security guard; (b) and (c) was under the influence of alcohol in front of the first floor elevator of the F building that he works as security guard; and (d) was under the influence of the victim E, who was under the influence of the house due to the occurrence of the victim’s h
2. The Defendant committed an act of obstruction of performance of official duties, on the date and time of the above paragraph (1) above, and at the place, 112 reported that a drunk person would escape a disturbance, and tried to listen to the speech that he would go to the house from the security guards of the Seoul Song-gu Police Station G police station that sent out, and that he would go to the left party of the above H twice, and assault the Defendant at the same time to walk the sloping of the slope of the police box belonging to the same police box, and used to assault the Defendant to walk one time by generating the sloping of the assistant of the police box belonging to the same police box, and to walk the sloping of the slopingJ with his hand, and to walk the sloping of the police box once by spreading it
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of H, J, I, and E;
1. Each statement of H, K, I, J, E, L, and M;
1. Application of statutes on site photographs;
1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of causing damage and destruction of property), and Article 136 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Sentencing criteria;
A. First offense (damage and Damage): The prosecution date is before July 1, 2015, so the sentencing criteria should not be applied.
Type 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) of the Second Crimes (Obstruction of Performance of Official Duties) damage area (one year to four years).