공무집행방해등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal record] The Defendant was sentenced to a fine of KRW 8 million on May 18, 2015 by obstructing the performance of official duties in the Gwangju District Court’s Branch on May 18, 2015, and was sentenced to a fine of KRW 8 million.
[2] On August 14, 2018, the Defendant: (a) received a request from the police officer E belonging to the Bapo Police Station D to stop a disturbance and return home on August 14, 2018; and (b) received a request from the above E to stop the disturbance and return home, such as drums of the vehicle in front of B apartment building C, fing a sound with his will; and (c) drums of the vehicle in front of B apartment building C in front of the entrance; and (d) drums of the vehicle in progress after receiving a report from the police officer E belonging to the Bapo Police Station D;
In doing so, the spons of the above E with the hand floor while putting the spons of the E, and the above E arrested the Defendant as a flagrant offender with interference with the performance of official duties and assaulted the face of the above E to the head about to board the patrol vehicle, thereby interfering with the legitimate performance of duties by police officers with the arrest of flagrant offenders, etc., and at the same time, sustained the victim E with approximately three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. G statements;
1. Written answers and investigation reports (Submission of a written diagnosis report of injury police officers E;
1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of recommendation] is the basic area (4 months to one year and six months), where punishment is not imposed (including a special mitigation (including a serious effort to recover damage), or where considerable damage is recovered. In the case of interference with the execution of official duties, the crime of this case has a history of criminal punishment for two times due to interference with the execution of official duties, such as the criminal records in the judgment of the defendant.