공무집행방해
A defendant shall be punished by imprisonment for four months.
except that 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 December 31, 2014, at around 23:47, the Defendant: (a) committed assault on the road of “C main office located in Gwangjin-gu Seoul Special Metropolitan City,” such as the slope E belonging to the Seoul Mine Police Station Down that was called after receiving a report of 112, and the Defendant, who was under the influence of alcohol, was exposed to the said E’s scambling of the front part of the F’s scam on the floor of the hand, by cutting down the police scam of the said E, when the scambling of the surrounding vehicles at the site.
Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for one month or for eight months (type of crime); obstruction of performance of official duties - obstruction of performance of official duties or coercion of duties (type 1) (decision on the area of recommendation); Special mitigations: Where the degree of violence, intimidation, and deceptive schemes is insignificant;
2. Determination of sentence shall be made with prison labor in consideration of the details and contents of the instant crime and the past record of multiple violent crimes, etc.;
However, a suspended sentence of imprisonment, such as the order, is imposed by considering the following factors: (a) the defendant confessions the crime and reflects his mistake in depth; (b) the person appears to have committed the crime of this case in a drunken and contingent manner; (c) there is no record of crime exceeding the fine; and (d) other factors of sentencing, such as the age, character, conduct, environment
It is so decided as per Disposition for the above reasons.