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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 02:35 on June 8, 2018, the Defendant: (a) heard the statement that “I will return home from E, a police officer belonging to the Busan Southern Police Station D branch of the Busan Southern Police Station, after receiving a report from 112 that “I will leave the road” in front of the convenience store located in Busan Southern-gu B; (b) the Defendant expressed that “I will see this son, d. h. d. h. s. h. s. s. h. s. h. s. s. h. s. s. h. s. s. h. s. s. h. s. h. s. s. h. s. k
As above, Defendant assaulted police officers, thereby obstructing police officers’ legitimate performance of their duties concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of investigation reports, photographs of damage, investigation reports (a photograph of the flag of a flag recording image, screen image), caps photographs, investigative reports (Attachment of a medical certificate), medical confirmations, and CCTV-related Acts and subordinate statutes;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is being used in the influence of alcohol, and the crime of this case is used for violence to the police dispatched after receiving a report 112, and is disadvantageous to the defendant, such as the nature of the crime is not good, and the criminal record of the defendant is having the same kind of criminal record.
However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the extent of the type used by the defendant is very serious, and the defendant does not have any criminal record exceeding the fine.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)