공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. On March 28, 2015, around 00:10 on March 28, 2015, the Defendant, at the front side of Seocho-gu Seoul Seocho-gu, assaulted F’s eye part of f one time with two grandchildren, who received the report of 112, while disputing D who is a C taxi driver, and was dispatched by F.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.
2. The Defendant was arrested in the act of obstruction of the performance of official duties at the time and place mentioned in the above Paragraph 1, and became aboard the patrol vehicle.
The Defendant boarded on the said patrol box, and unloaded it while getting out of the police box, set off the chair and the tea, and assaulted with the wheels of G noses and the body of the person belonging to the said patrol box to take one time by hand, and assaulted the Defendant, who does not get out of the train after having arrived at the front of the said patrol box, by the patrolman affiliated with the said patrol box, at one time, to get the Defendant to get out of the train, he saw the Defendant’s right-hand son of H with the Defendant’s hand.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Each statement of G and H;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];
2. Each of the crimes of this case, the sentence of imprisonment, in light of the fact that the act of this case committed by a police officer in the course of performing his duties is likely to interfere with a police officer's legitimate performance of official duties, and the nature of the crime is poor, and the degree of the assault committed by the defendant at the time, shall not be less