공무집행방해
A defendant shall be punished by imprisonment with prison labor 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
At around 23:50 on August 24, 2019, the Defendant received a 112 report that he was under the influence of alcohol from the Defendant, and obstructed the legitimate execution of duties of a police official in relation to the prevention and suppression of a crime by assaulting in a manner that the said E et al. puts his clothes to the above E et al., by assaulting the Defendant’s her head at one time with his son, who was living together, to the Defendant, during the process of regulating the said C as a violation of the Punishment of Minor Offenses Act.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police statements concerning E;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. The degree of obstruction of performance of official duties cannot be deemed that the defendant recognized a crime, and reflects the initial crime, and considering the favorable circumstances in which the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, and the punishment shall be determined by taking into account all the circumstances in the process of the trial and records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.