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 September 5, 2015, at around 01:30, the Defendant, at the public parking lot of Geumcheon-gu, Geumcheon-gu, Seoul at around 691-3 on September 5, 2015, stated that C of the Seoul Geumcheon Police Station B police box affiliated with the Seoul Geumcheon Police Station B, who was dispatched after being reported 112, was under the influence of alcohol, and went into the possession of a string and half of the lower half of the automobiles below the automobiles, and provided that C was under the influence of alcohol to the above C, “Chewing, Chewing, and is to be done by a large sound.”
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.
Summary of Evidence
1. Defendant's legal statement;
1. Application of laws and regulations on police statements concerning C and D;
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 of the community service order;
1. The range of the recommended sentence on the sentencing guidelines shall not exceed eight months of imprisonment (the crime group of obstruction of the performance of official duties, the obstruction of the performance of official duties, the first category, the mitigation area (special mitigation factors: the degree of violence, intimidation, and deceptive scheme is minor);
2. The defendant who has been sentenced shall be sentenced to a severe punishment by committing the instant crime even though he had the same criminal power, but he shall be sentenced to a punishment as ordered by the court in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is a contingent crime in a drunken and the mistake is divided, and that the defendant does not have any criminal record other than a fine once, and that the defendant has no criminal record other than a fine, etc.