공무집행방해
A defendant shall be punished by imprisonment for not less than eight 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 July 18, 2014, at around 00:05, the Defendant: (a) was under influence of alcohol on the street before the main point of “Yacheon-dong, Yacheon-do,” and was reported on the street by 112, the Defendant, a police officer belonging to the Yacheon Police Station C District, called “I will see their gender and house if you inform the Defendant of it; and (b) was blicked on one occasion at the right part of the above D’s right part on drinking without any particular reason.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of Acts and subordinate statutes on the list of reported cases, such as photographs of damaged parts, investigation reports (Attachment, etc. to the statement of the F made by a stude F) and video images;
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. The defendant and his defense counsel asserts that the defendant had a state of mental disability under the influence of alcohol at the time of committing the instant crime.
In light of the records of this case, even though the defendant was in a drunken state at the time of the crime of this case, considering all the circumstances such as the background, mode, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.
Therefore, the defendant and defense counsel's above assertion is not accepted.
The reason for sentencing is that the crime of this case is committed against police officers in uniform, and it is not very good that the crime is committed in itself.
Furthermore, the defendant committed the crime of this case even though he had the record of being sentenced to suspended sentence for the same crime in 192.