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
Around 00:40 on August 7, 2017, the Defendant: (a) reported at the church parking lot in Gangdong-gu Seoul, Gangdong-gu, Seoul, to the effect that he was unable to receive a substitute driving fee from the Defendant; and (b) sent out by the Defendant, who was on the floor, and confirmed that the proxy driver had a charge on the front of the five minutes of the defect in order to return to the patrol duty after confirming that he was unable to pay it; and (c) received a warning from the said police officer that he may be punished as a crime of interference with the performance of official duties from the patrol vehicle, the Defendant committed assault of C’s chest by hand.
Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
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. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.
The favorable circumstances: The confession of crimes and reflects them.
The degree of violence is not very serious.
On August 23, 2002, the Defendant received a summary order of a fine of three million won by obstructing the performance of official duties in the Dong branch of the Seoul District Court on August 23, 2002, and on October 9, 2009, the Defendant was sentenced to a fine of two million won by obstructing the performance of official duties in the Seoul East District Court.
The Defendant’s crime interfering with the execution of official duties of this case is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and should be punished strictly.