공무집행방해
A defendant shall be punished by imprisonment for six months.
Provided, 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
On April 27, 2019, at around 00:35, the Defendant heard the phrase “the women’s portion taken place shall be returned only when she takes her disposal,” from the head of the police station affiliated with the Seoul Gangseo-gu Police Station B Zone B, which was called “in the face of her body, she shall return to her home,” who was sent to the scene after receiving a request from the fire station in cooperation with the fire station at around 50-gilo-ro 55, Gangnam-gu, Seoul, Gangnam-gu, Seoul. The Defendant expressed a desire to read “the women’s portion taken place shall be her home and her home in the face of her treatment, and she shall live with her mother and her mother, and she assaulted three times the body of the above C on the breast and distribution part of her.”
As a result, the defendant interfered with legitimate execution of duties on protective measures for police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes concerning cell phone display images;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The nature of the instant crime that interferes with the execution of official duties is very difficult due to the force of the police officers who are engaged in the duty of protecting persons subject to relief for the reason of the suspended sentence under Article 62(1) of the Criminal Act.
However, the defendant has no record of having been sentenced to criminal punishment for the last ten years except for the defendant who was sentenced to suspension of indictment on December 31, 2018 on suspicion of assault.
As such, the punishment as ordered shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the defendant's age, environment, background of the crime in this case, circumstances after the crime, etc., which are disadvantageous or favorable to the defendant.