공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 18, 2016, around 23:35, 2016, the Defendant: (a) filed a report in front of the 29 Madju Children Park, the Gangdong-gu Seoul Metropolitan Government 138-ro 138-gil, and (b) requested that the police officer C, who belongs to the Seoul Gangseo-dong Police Station B police box, was able to have the Defendant satisfing in the taxi and satisfing in the taxi; (c) however, the Defendant rejected the request and satisfing
Therefore, when the above police officer demanded to return home again, the defendant expressed the desire to "I am spack, we will am spack, we will am spack, we will am spack, we will am spack, we will am spack," and assaulting the above police officer by spacking spacking him, thereby hindering the police officer's legitimate performance of duties concerning the prevention and investigation of crimes, public peace and order maintenance.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, the basic area of the obstruction of performance of official duties (performance of official duties) (up to six months to one year and four months) - No special person: No person shall be punished;
2. In light of the degree and time of the defendant’s execution of official duties, the criminal records of the defendant (at least once the criminal records subject to punishment for a crime of violence, however, there are no records of the same obstruction of performance of official duties in the same manner), the investigative agency and this court, etc. In addition, the sentencing conditions specified in the trial process of this case, including the defendant’s age, character and conduct, and circumstances before and after the crime, shall be comprehensively determined as ordered.