공무집행방해
A defendant shall be punished by imprisonment for six 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
At around 22:35 on April 6, 2020, the Defendant was arrested and detained as a flagrant offender in the crime of intimidation by the police officers dispatched after receiving 112 a report at the Seoul Guro Police Station C District located in Guro-gu Seoul Metropolitan City, Guro-gu, and the Defendant sent out of the Republic of Korea the Defendant: (a) was subject to restraint from D (Nam, 38 years of age) (V) who belongs to the said earth group; (b) was frighting against the Defendant’s complaint, and (c) was frightly, “I would fright the public official to go against his/her people, so I would am.” (d) the Defendant threatened the Defendant with three times of drinking frighting the face part of D, which led to his/her head.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Application of the police's written statement concerning D's legal statement to the defendant;
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 Social Service Order Criminal Act was that the Defendant, who was arrested as a flagrant offender and was in custody to a district guard, and rather interfered with the execution of duties by using violence booming a police officer with drinking expenses.
It is necessary to strictly punish crimes of obstruction of the performance of official duties in order to establish national legal order and eradicate the public peace.
In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the confession and reflect of the crime; (b) the defendant has no criminal records of punishment exceeding fines; (c) the degree of exercise of force against police officers; (d) the motive and background of the crime; and (e) the age, character, conduct