공무집행방해
A defendant shall be punished by imprisonment for six 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 July 27, 2016, around 07:40 on July 27, 2016, the Defendant: (a) was under the influence of alcohol on the first floor of his own residence located in Busan Northern District B, and was suffering from disturbance, and (b) was made by the Defendant on the ground that E, a police officer belonging to the Busan Northern Police Station D District, who was called to the site after receiving a report by a cohabitant C, was asked for the details of the report, etc. to the said C.
Accordingly, the Defendant intending to lid the second floor of the above dwelling area and to get his head from the second floor of the above dwelling area, and threatened the above C with “I can cope with it if I want to interfere with the work between the father and the vice, return to the son,” and when I want to go to the above C, who was a police officer belonging to the above patrol group called F, patrolman, G, security guards, and slope I called the above police officer “I am dead because I am a diagnosis.”
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused;
1. Statement of E;
1. Application of Acts and subordinate statutes to investigation reports and field photographs;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] There is no basic area (6-1-4 months) of obstruction of performance of official duties (6-1-4 months), [decision of a sentence] there is no record of being punished for a serious crime of the same kind [decision of a sentence]. There is no record of being punished for a serious crime (in 2000, there is a record of being sentenced to a fine of 1.5 million won due to violence and obstruction of performance of official duties). The execution of imprisonment is suspended in consideration of the fact that the degree of obstruction of official duties is not serious.
In order to prevent recidivism, probation and lecture attendance order shall be imposed.