공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 21, 2017, around 19:25, the Defendant expressed the Defendant’s desire to “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, and the Defendant expressed the Defendant’s desire to check the Defendant’s personal information by the police officer E affiliated with the Seoul Mine Police Station D police box, who called the Defendant upon receiving a report of 112 that the Defendant was under influence of alcohol, and thereby interfered with the police officer’s legitimate performance of duties concerning the public safety and order maintenance of the police officer’s face by assaulting the police officer at one time at the face of the police officer’s face.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a report on investigation (related to attaching a written statement of stiff);
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the examination of the sentencing criteria (the scope of a recommended punishment).
2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.
The use of violence against police officers to impede the legitimate exercise of public authority is not good and the use of such offense is against the defendant who has no criminal record of probation or heavier than that of probation.