공무집행방해
A defendant shall be punished by imprisonment for four 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 September 10, 2019, the Defendant: (a) sent out after receiving a report from 112 and expressed a desire to d (5) and E (30) who were in the process of investigating the circumstances of the accident; (b) sent out the road in front of the Sungsungdong Police Station C District; and (c) sent out the scene of the accident, the Defendant took a assault, i.e., assaulting E’s breast part of his chest in hand and h (30) who was in the process of investigating the circumstances of the accident.
As a result, the Defendant interfered with police officers' legitimate execution of duties on 112 reporting.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. A letter of arrest of a flagrant offender;
1. Application of statutes on site photographs;
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.
It is necessary to strictly punish an offense of obstruction of performance of official duties as an offense of harming the function of the state by obstructing the exercise of legitimate public authority.
- In addition to the past sentenced to two years of suspended sentence in October of 2013, there are many assault departments against the defendant on January 24, 2013, in addition to the past sentenced to two years of suspended sentence.
- The defendant was aware of the crime of this case and reflected in the favorable circumstances.