공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 19, 2018, around 22:50, the Defendant received 112 reports, such as the act of disturbance of drinking, etc. in front of the “D convenience store” located in Jung-gu Seoul Metropolitan Government, and sent to the Defendant, F, a police officer belonging to the Seoul Central Party E District Police Station, who was the Defendant’s husband, did not comply with the Defendant’s request for presentation of identification card and did not arrest the Defendant in the act of violation of the Punishment of Minor Offenses Act, such as the disturbance of drinking, on the ground of plastic beer, etc. located in the place of the defect.
Accordingly, the Defendant assaulted the police officer to handle the 112 reported case and interfered with the legitimate execution of duties.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to F;
1. A H statement;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements H)
1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the Defendant assaulted a police officer in the course of performing official duties by beering him/her, and the liability for the crime is not weak.
However, the defendant is in depth against the defendant when committing the crime of this case.
There are aspects that occur contingently in the process of arrest of husband.
There shall be no person who has been punished.
The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.