공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant around 01:50 on August 1, 2018, around 01:0, at the stairs of the five stories in Gyeyang-gu Incheon Metropolitan City, two children are wrapping.
“A” when a slope E belonging to the Incheon Gyeyang Police Station D District Unit, which was called upon the report of 112, arrives in the above C and gets out of the stairs, the said E was pushed out of the stairs and caused the said E to put the head on the floor of the stairs.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).
3. Determination of sentence: Imprisonment with prison labor for six months, establishment of a national legal order in a suspended sentence of one year, and eradication of the general public power, it is necessary to strictly punish a crime against such public authority.
However, it is important that the defendant recognized the crime of this case and reflects his mistake in depth, and the degree of assault is serious.
In full view of the facts that it is difficult to see, the Defendant is the primary offender who has no record of committing any crime, and other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., the punishment as ordered within the scope of the sentencing guidelines set forth in