공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 4, 2013, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of assault, and was punished for a violent crime four times.
【Criminal Facts】
On August 25, 2016, at around 03:40 on August 25, 2016, the Defendant: (a) received a report from “Cju” located in Nam-gu Incheon Metropolitan City, and received a report from 112, that “Cjun Doe dong dong dong dong dong dong” and solicited the Defendant to return home from the circumstances, E, InspectorF, etc. belonging to the Seoul Southern Police Station D District, Incheon Southern Police Station D, which called “Choe gue fe fe feas feas feas feas feas feass.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to criminal investigation reports, on-site photographs, criminal history records, and criminal investigation reports (attached to the same criminal records and summary orders of the suspect);
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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [Scope of Recommendation] The scope of sentence compared to the punishment and the recommended punishment in the mitigated area (one to eight months) [Special Mitigation] (Special Mitigation) and the degree of assault, intimidation, and deceptive scheme is minor: one month or eight months [Pronouncement Decision]: the Defendant committed the instant crime even though he had a force of fine and probation for the purpose of violence in 1992; one million won in 1999; one million won in 199; a fine for obstruction of business in 2010; one million won in 201; and one million won in 201 as a crime of assault in 2013.
The degree of assault in the crime of this case is somewhat minor, and the defendant appears to be aware of and against the crime, and other circumstances constituting the conditions for sentencing as shown in the argument of this case are considered as ordered.