공무집행방해
A defendant shall be punished by imprisonment for four 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 12:33 on July 9, 2018, at the 104 Dong-gu Incheon Metropolitan City apartment house B around 104, Dong-gu, Incheon, there is a person who frighting the fright.
The reason why the police officer called " was called upon with the report of 112, D, and the reason why the police officer was called upon to move to a house from E, and the reason why the police officer's fife with the whole knife of the reported knife knife.
"Abruting and bruting the Defendant, and D assaulted the police officer, such as walking the D's bridge at one time due to his/her speech, and cutting the brut which he/she was suffering from D with his/her hand, on the ground that he/she tried to wear the Defendant's name of the defect that he/she intends to speak.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
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: 4 months of imprisonment with prison labor, and 1 year of suspended sentence, the Defendant committed the instant crime by assaulting a police officer in the state of detention and obstructing the performance of official duties. Therefore, it is necessary to strictly punish such crimes against public authority even in order to establish a national legal order and eradicate the light of the 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.
It is difficult to see that the Defendant is an initial offender with no record of the crime, and the age, sex, environment, motive, means and consequence of the crime of the Defendant, and the circumstances after the crime.