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
On August 28, 2020, at around 22:40, the Defendant committed assault by the police box located in Seocho-gu Seoul, Seocho-gu, Seoul to the police station in order to bring in flagrant offender to the criminal charge of the Seocho Police Station located in 179 according to the distribution of Seocho-gu, Seoul, the Defendant, within the patrol police station, who was escorted by the police officer D belonging to the above police box that “I am hicking the victim of the assault” was hicking the head of the above D one time, and the chest of the above D was hicked at one time.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [The reason for sentencing] is against the Defendant’s confession of the instant crime.
There is a somewhat contingent aspect that the defendant committed the instant crime under the influence of alcohol.
The defendant has no criminal records exceeding fines and there is no previous criminal records.
The contents and degree of tangible power exercised by the defendant is not much serious.
[Unjustifiable circumstances] The crime of this case is very poor because the defendant exercised a direct tangible force on the body of police officers in the course of performing their duties.
The victim police officer of the crime of this case wanted to punish the defendant.
In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.