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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 22, 2020, at around 20:50, the Defendant reported 112 from among the c cafeterias located in Jung-gu Incheon, Jung-gu, Incheon, the Defendant sent home to the site after receiving a report of 112 from the police officer belonging to the Incheon Jung-gu Police Station D District Unit of the Incheon Jung-gu Police Station who was called to the site, took a bath to E, brea the body of E two times by hand, and assaulted the breath by her hand at one time.
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. Application of each police protocol of statement to E and F;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of the recommended sentence according to the sentencing guidelines [the category 1] the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], six months to one year and six months;
2. Determination of sentence shall be made in full view of the various sentencing conditions as indicated in the instant case, including the following circumstances and the Defendant’s age, character and conduct, health conditions, motive and mode of the commission of the crime, and the circumstances after the commission of the crime.
D. Unfavorable circumstances: The crime of this case is committed by the same kind of crime in the past, and the crime of interference with business has been committed more than twice, and the crime of this case is committed again under the influence of alcohol despite the record of criminal punishment several times due to the crime of interference with business: The fact that it is recognized that the crime of this case is committed in the future, and that it is difficult to view that the degree of interference with official business