공무집행방해
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 02:40 on February 13, 2020, the Defendant: (a) received 112 report from a policeman belonging to the Incheon Western Police Station D District D District Party, who was dispatched, and received a request to return home, and then received a request to return home from the police officer belonging to the Incheon Western Police Station D District D District Party.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Results of the reproduction and viewing of video CDs;
1. Application of statutes on site photographs;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;
2. The sentence of the instant crime, which was determined by the sentence, is not sufficient to commit the instant crime by assaulting the police officer in charge of performing his duties.
On the other hand, the defendant seems to have been against the defendant while recognizing the crime of this case, and the defendant has no record of punishment for the same kind of crime, etc. are considered extenuating circumstances.
In addition, the sentencing factors specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined within the scope of the recommended sentencing criteria, such as the orders.