공무집행방해
A defendant shall be punished by imprisonment for not less than two 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 December 8, 2019, the Defendant: (a) on the front of the C-Si 00:15 Tong-si B, and on the front of the C-Si, the head of the Dong-gu Police Station D District E, etc. who parked a patrol vehicle on the road in order to manage the traffic accident site; (b) the head of the Dong-gu Police Station E who is in charge of dealing with the accident at the place of the accident, stated that “I am on the road of this spunch, why I am, and that I am on the road,” and “I am on the road of this spice, why I am, I am on the part of the police.”
As a result, the Defendant interfered with the legitimate execution of police officers' duties on traffic accident relief affairs.
Summary of Evidence
1. Defendant's legal statement;
1. Statement;
1. Application of blackboxes, caps and CD-related Acts and subordinate statutes
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.
3. Determination of sentence: Determination of sentence: Two months of imprisonment, one year of suspended sentence is not good for the crime of this case, and there are records of past violent crimes that have been punished as a suspended sentence of imprisonment, but the crime of this case seems to have occurred contingent, and the fact that the defendant seriously reflects the fact, etc. shall be determined as the sentence like the order, taking into consideration all the circumstances.