공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 6, 2018, the Defendant: (a) at the Defendant’s residence located in Busan C and 104 Do 104 104 Do 104, and the Defendant’s “satisfying so far as the Defendant left the house upon receiving a report of 112, and sought to check the site by the Defendant’s policeman E, who belongs to the Busan Coast Guard D's Maritime Police Station, into the house in accordance with the Defendant’s his/her father’s his/her father’s father’s son’s son’s son’s son’s son’s son’s son’s son
D. D. D. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes governing the handling of reports on investigation, photographs of the victim of police officers, and reports on 112;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2001Da111248, Apr. 1, 201) is that the instant crime was committed by force against the police who was called out upon receiving a 112 report, and the nature of the relevant crime is not good, and that the Defendant may have been convicted of violence.
However, it is more favorable for the following reasons: (a) the defendant recognized the facts charged and seriously reflects the facts charged; (b) the type used by the defendant does not reach a very serious degree; (c) the defendant appears to have used contingent violence to the police who entered his/her house under the influence of alcohol; and (d) the defendant's violent crime has long been punished by a fine exceeding a fine, and there is no record
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 the performance of official duties, and