공무집행방해
A defendant shall be punished by imprisonment for not less than eight 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 May 7, 2019, at around 20:0, the Defendant committed an assault against the Defendant, on the street, a non-smoking area adjacent to a park toilet located in front of the entrance of Seocho-gu Seoul Metropolitan City, 2103 and 14, the Defendant was subject to the control by the competent public health clinic C belonging to Seocho-gu public health clinic that controls smoking in non-smoking areas pursuant to the National Health Promotion Act and relevant Acts and subordinate statutes while smoking, and the Defendant took part in it, and used the Defendant’s own intervention to take a bath, such as “Yatop kbb kbb kb kb kb kb kb kb kb kb kb kb kb kbs, etc., which exceeds the bottom
Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on smoking in non-smoking areas of the above public officials.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused;
1. Each police statement made to C and D;
1. Investigation reports (on-site CCTV investigations);
1. A witness text message;
1. Application of the Acts and subordinate statutes to on-site photographs and CCTV images closures;
1. Article 136 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, the defendant has been punished by a fine for the same kind of crime, and the defendant's smoking in a place in which smoking is prohibited, and the nature of the crime is not good, and the victim public officials have not received a letter of suspicion from the victim public officials.
However, when the defendant comes to this court, there is no serious injury to the damaged public official, and there is any other defendant.