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 this judgment becomes final and conclusive.
Punishment of the crime
On July 4, 2020, around 14:05, the Defendant: (a) was under the influence of alcohol in front of Gwanak-gu in Seoul Special Metropolitan City; (b) was a taxi engineer and a Si expenses without speaking at the destination; and (c) received 112 report from a taxi engineer that “the son is paying the Si expenses” of the cab driver, and recommended the Defendant to return home after having the son get the Defendant to leave the cab; and (d) the Do superintendent of the Seoul Gwanak-gu Police Station C District of the Seoul Special Metropolitan City, which called “the son is paying the Si expenses” of the cab driver, then the Defendant recommended him to return home by hand.
Accordingly, the Defendant interfered with legitimate execution of duties regarding the handling of 112 reported cases by the police officers, protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A written statement of the police concerning D;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of punishment by law: Imprisonment with labor for one month to five years;
2. Scope of recommendations according to the sentencing guidelines (decision of types) for the obstruction of performance of official duties (special sponsers): Where the degree of violence and intimidation is insignificant (the scope of recommendations and recommendations), the area of mitigation of punishment, and one month to August of imprisonment.
3. Determination of sentence: Imprisonment with prison labor for 6 months and 2 years of suspended sentence: The defendant was punished for a crime similar to the crime of this case and has committed the crime of this case since 1 month has not passed since the defendant was punished for a crime of this case.
The favorable circumstances: The defendant led to the confession of the crime.
In addition, the defendant has no record of criminal punishment except punishment of a fine on June 10, 2020.
The above circumstances and the defendant's age, environment, character and conduct, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of the sentencing as shown in the argument of this case.