공무집행방해
A defendant shall be punished by imprisonment for six months.
except that 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 February 28, 2018, around 23:58, the Defendant called up with 112 report that “A satisfling on the road” on the front of the Mayang-si B of the Mayang-si, Annyang-gu, Annyang-gu, Annyang-gu, C Zone C of the Manyang-gu, Annyang-gu, Annyang-gu, where he had taken a place for returning home without any justifiable reason, when the Defendant took one face of the said D
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes of violence victim photographs;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties [Article 1]/ the coercion of official duties (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;
3. Circumstances unfavorable to the decision of sentence: The Defendant, while under the influence of alcohol, exercised violence with the police officer without any particular reason even though the police officer was waiting for the Defendant to leave the police lane.
It is not good that the defendant is guilty.
Defendant may have been punished for committing violence-related crimes.
A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.
There is no criminal force exceeding the obstruction of performance of official duties or suspended execution.
The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.