공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
피고인은 2016. 8. 16. 02:40 경 성남시 분당구 D 706동 1309호에 있는 피고인의 집에서 ‘ 가정폭력 사건이 있다’ 는 내용의 112 신고를 받고 현장에 출동한 분당 경찰서 E 지구대 소속 순경 F이 가정폭력 사건의 피해 자인 G이 퇴거하는 것을 도와주자 “ 씨 발 놈 아 내 집에서 안 꺼져 ”라고 말하며 위 F의 멱살을 양 손으로 잡고 흔들고 주먹으로 얼굴을 1회 때린 뒤 “ 이것도 다 가져가라 ”라고 말하며 G의 옷, 신발, 가방 등을 경찰관들을 향하여 집어 던지고, 계속하여 경찰관들이 피고인을 현행 범인으로 체포하려고 하자 “ 개새끼야, 똥 쌌잖아
“Along with the inner clothes of one’s own speaking, he assaulted, such as being laid off on the bridge of the above F.
Accordingly, the Defendant interfered with the police officer's 112 reporting service, the protection of victims of domestic violence, and the lawful execution of duties concerning arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and H:
1. G statements;
1. Application of Acts and subordinate statutes to a criminal investigation report, a photograph of the case, and a criminal investigation report (to hear statements by a damaged police officer);
1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).
2. Determination of sentence [Public Prosecutor’s Opinion] 2 years of imprisonment with prison labor / [Judgment] 6 months of imprisonment is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment in itself, and the Defendant re-offending the record of the same suspended execution that committed on October 26, 2014, and the degree of interference with the performance of official duties in the instant case is not somewhat weak, and thus, a sentence of punishment is inevitable.
However, now, the confession is advantageous to the point of view.