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
On December 5, 2018, at around 01:53, the Defendant: (a) took a part in the patrol box of the Daegu Western Police Station C police station located in Seo-gu, Daegu, Seo-gu, which was drunk and stopped for drinking; and (b) took a disturbance, such as taking a bath to “to open........... to open the c police box”; and (c) taken protective measures against the Defendant by the police commander D, who belongs to C police box, as C police box.
The Defendant explained the Defendant’s status by telephone to the Defendant’s mother at the police box, and D, D, “in the telephone machine, I see my own, I am off a telephone machine, I am off a telephone machine by hand, and assaulted D’s right side by getting off 5 times.”
Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Act and subordinate statutes to a report on investigation (as to the attachment ofCCTV and track image images);
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, that is the primary offender who has no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and results of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by considering all the sentencing conditions shown in the arguments of this case.