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
On September 11, 2018, at around 00:25, the Defendant: (a) was urged to return home from police officers D (year 49) belonging to the Seoul Gangseo-gu Police Station C district unit, which was called “Woo-gu,” and (b) expressed to the said D that he was able to go home from the shop in front of the commercial zone located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul. Around September 11, 2018, the Defendant used the said D’s left part, knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kak-kak-kak-kak
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the receipt and handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each statement of E and F;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of obstruction of performance of official duties is a crime detrimental to the State’s function by hindering the exercise of legitimate public authority, and thus requires strict punishment; circumstances favorable to the defendant’s agreement with the victimized police officer or failing to take any particular measures to recover from damage: The defendant reflects the crime; the degree of violence or obstruction of official duties is not relatively heavy; and there is no record of punishment for obstruction of official duties as the crime of obstruction of official duties as above; the defendant has no record of force to be punished for the crime of obstruction of official duties; the sentence shall be determined as ordered in consideration of the circumstances and the age, character and behavior, environment, motive, means and consequence of the crime