공무집행방해
A defendant shall be punished by imprisonment for six 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 May 30, 2019, at around 21:04, the Defendant 112 reported on May 30, 2019 that he driven alcohol in front of C, which caused a traffic accident while driving alcohol in front of C, and received a report on traffic accident, and sent the horses “I am without any reason” from the slope E belonging to the former Police Station D District of the U.S. police station called “I am without a bad mind.” In doing so, the Defendant saw the above E as “F sewage, internal sleep, knife, and knife off.”
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the G’s written Acts and subordinate statutes;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Article 62-2(1) of the Criminal Act on Probation and Social Service Order [In a written opinion, defense counsel stated the purport that it is a crime under a state of mental or physical disability, and considering the Defendant’s statement, it appears that the situation at the time of drunk was merely the purport that the situation at the time was not memory, and rather, it was the same as that at the time of committing a crime because the Defendant was a good memory with respect to the police before towing. There is no circumstance to recognize that the Defendant was a state of mental or physical disability at the time
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of type]: [No person engaged in the obstruction of performance of official duties]/performance of official duties (the scope of recommended areas and recommendations]; the basic area of the recommendation, six months to one year and six months (the general person engaged in the suspension of execution] (the grounds for suspension of execution of sentence] - The grounds for suspension of execution of general pride are clear social relation, serious reflective relation.
3. Determination of sentence: Six months of imprisonment;