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 May 18, 2017, at around 07:10, the Defendant was required to return home from the victim E (55 years) who is a public official belonging to the police box in Pyeongtaek Police Station D, who was called out after receiving a report from 112 that caused disturbance, such as taking the side on the floor, and who was called out after receiving a report from 112.
“In doing so, assaulted the victim’s face at his/her hand at one time.”
Accordingly, the defendant interfered with the legitimate performance of official duties on the handling of 112 reports by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that it is difficult for a police officer to commit a crime due to an act committed in the course of breatheing of a police officer called out after receiving a report on his/her disturbance at a business establishment with the reason for sentencing under Article 62(1) of the Criminal Act, and that there is a record of being punished by a fine on several occasions due
However, considering the fact that the defendant seems to be a contingent crime that occurred in a large number of drinking, the violation of his/her mistake, the fact that he/she did not have any serious criminal record exceeding the same power or a fine within 10 years, and the fact that the defendant's health status is not good, the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, sexual behavior, environment, and circumstances after the crime.