공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six 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
At around 00:10 on November 13, 2019, the Defendant reported at the entrance of Yeongdeungpo-gu Seoul Metropolitan Government building B, and “C” located under the first floor of the underground floor, that “Neongsung had a male employee’s head debt and assaulted.” On November 13, 2019, the Defendant assaulted upon the police officer, who was a police officer belonging to the Seoul Young Military Police Station D Zone D District, on one occasion, on one occasion the head of E, without any justifiable reason.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of F’s written Acts and subordinate statutes;
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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: One month to five years;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] [the grounds for suspension of execution] (the grounds for suspension of execution of punishment] major pride - there is no force of criminal punishment - there is no reason for general pride: serious reflectness:
3. Determination of sentence: Imprisonment with prison labor for six months, the period of suspension of execution for two years disadvantageous to the State: The crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the State’s function by obstructing the exercise of legitimate public authority; circumstances favorable to the fact that the injured police officer did not receive a letter from the injured police officer: The defendant is against the defendant; as mentioned above, the punishment shall be determined as ordered by taking into account all the circumstances of the present case’s arguments and the sentencing conditions indicated in the records, such as the circumstances that the defendant was not able to pay, and the age, character and behavior, environment