공무집행방해
The punishment of the accused shall be eight months by imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On April 18, 2016, the Defendant was under the influence of alcohol at the Defendant’s residence located in Southern-gu, Southern-gu, Seoul-do, and was under the influence of alcohol on April 23:05, 201, and was under the influence of alcohol, the Defendant used the Defendant’s body above D’s body to put the Defendant’s body under the influence of alcohol on the floor.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Application of the sentencing criteria [types] : Violation of the Act on the Prevention of Interference in the Performance of Official Duties (Obstruction of Performance of Official Duties and Forced Performance of Duties) / [Determination of the territory of recommendation] Basic Area / [Scope of punishment ] 6 months to 1 year and 4 months (General Reasons for Suspension of Execution] - No effort to recover negative damage / positive social ties clearly and seriously reflect social ties;
2. The sentence shall be determined as ordered by taking into account the following circumstances: (a) the reasons for the determination of the sentence; (b) the elimination of the chilling of a legitimate exercise of public authority; and (c) the establishment of a legal order; (d) the criminal records of the Defendant’s criminal punishment (no such force exists); (c) the recognition of the Defendant’s criminal act; (d) the fact that the Defendant appears to constitute contingent crimes; and (e) the Defendant’s age, sexual behavior