공무집행방해
A defendant shall be punished by imprisonment for one year.
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
At around 02:20 on November 24, 2018, the Defendant: (a) received a report from a 112-person who was in front of the C bank located in Gyeonggi-si B; and (b) received a notice from a police officer of the Guri Police Station D District D Zone D, which called “Seman” and received a notice from the E, who was called “Seman,” and served as a cell phone with the head of E in his hand, thereby obstructing the police officer’s legitimate performance of duties regarding the dispatch of the 112 reported case.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each police protocol of statement to E and F;
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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend Education [the scope of recommended punishment according to the sentencing guidelines] The basic area (6 to 1.6 months) of the obstruction of performance of official duties (the decision of sentence] is an offense that makes it difficult to exercise the public authority, which is the basis of the rule of law, and damages therefrom difficult in terms of making it difficult to exercise the public authority, which is the basis of the rule of law and return to the majority of citizens.
In light of the attitude and degree of force used by the defendant, the degree of obstruction of performance of official duties belongs to an important part.
The defendant has previously been sentenced to a suspended sentence of imprisonment due to violent crimes.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.