공무집행방해
A defendant shall be punished by imprisonment for not less than eight 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
At around 18:50 on August 14, 2016, the Defendant took a bath on the ground that the card was not settled at a multi-section located in C, and was urged by the Defendant to file a petition from the police officer E (25 years) who belongs to the police box in the Bapo Police Station, called upon receiving 112 a report, and called out, the Defendant saw him to file a petition.
Accordingly, the Defendant assaulted the above E and interfered with the legitimate execution of duties concerning the handling of reporting duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of the respective Acts and subordinate statutes of G and H
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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;
2. The crime that interferes with the performance of official duties, such as the crime of this case, is not good in that the police officers’ pride and desire to work significantly impede the police officers and the resulting damage ultimately return to the general public.
Considering the above circumstances and the fact that the defendant did not receive a letter from the victimized police officer, the defendant should be punished strictly, but the defendant should be sentenced to suspended sentence only once, taking into account the fact that the defendant is against his/her will and there are many recommendations, but there are no criminal records that interfere with the execution of official duties.