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
At around 21:40 on August 16, 2020, the Defendant: (a) committed assault by assaulting D, a police officer, to whom 112 was reported, on the ground that D, a police officer belonging to the Seoul Gwanak-gu Police Station C District, who was dispatched after receiving 112, was arrested as a flagrant offender committing a crime of insult against police officers in the course of arranging the instant case; and (b) the Defendant attempted to board the patrol vehicle on the ground that D, a police officer, was arrested as a flagrant offender committing a crime of insult against police officers, thereby obstructing D’s legitimate performance of duties in relation to crime prevention, suppression, and investigation.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, G, and H;
1. 112 Reporting case management table;
1. Application of the Act and subordinate statutes to the status of investigation (CCTV image verification);
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant confessions all crimes and reflects them, that the violence committed to police officers does not seem to be significantly serious, that there is no record of punishment exceeding the fine, and that there is no adequate degree of punishment for the same kind of force.
However, the defendant did an assault against the police officer called out after receiving 112 report without any justifiable reason. The nature of the crime is not good, and the defendant did not receive any use from the damaged police officer.
The punishment as ordered shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime.