공무집행방해
A defendant shall be punished by imprisonment for one year.
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
On April 3, 2017, the Defendant: (a) reported on April 3, 2017, 00:36, that a traffic accident occurred in front of the Daegu-gu B, Daegu-gu; and (b) attempted to escape from the police officer D, who was assigned to the police station C commander of the police station, to refuse to take a drinking test against the Defendant.
Therefore, the defendant's escape is prevented, and the defendant's act of assaulted by assaulting that "the police officer's right chest with the left hand is pushed about as soon as possible by the police knb, and the above D's left hand is pushed about one time, thereby hindering the police officer's legitimate execution of duties concerning traffic control and the prevention of traffic hazards.
On October 08, 2017, the Defendant: (a) around 04:30 on October 08, 2017, 2017, the Defendant: (b) expressed a defective desire for the police officer to check the personal information of the Defendant, and (c) took the face of the police officer one time more on the face of the police officer, who was dispatched to the Daegu Seo-gu Police Station G police station by receiving a report from 112 by a taxi officer who did not pay a taxi fee on the street in front of the “F Party Head” located in the Seo-gu Office E; and (d) Ha was called up by the police officer who was called up after receiving a report from 112.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.
Summary of Evidence
"2017 Highest 1572"
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each investigation report (a list of evidence 3 through 8) 2017 high group 2707;
1. Statement by the defendant in court;
1. Application of statutes on police statements made to H to H;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Sentencing criteria;
A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)
(b) Class 2 offences [the scope of recommendations] interference with the performance of official duties (the obstruction of the performance of official duties and coercion of duties).