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 October 8, 2014, at around 01:10, the Defendant used his body fighting with others in front of the C main shop located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and was asked from the slope E belonging to the D District Unit of the police station assigned the police station upon receipt of the report, and used the Defendant to assault the Defendant, such as “string the governance ......... to the police ..... to the police ...... to the left hand, the Defendant’s face ..... to the left hand, the Defendant arrested the Defendant as a flagrant and ... to walk once the front pent part of the patrol ....
Accordingly, the Defendant interfered with the legitimate execution of duties concerning E's 112 Report Processing and the arrest of flagrant offenders.
Summary of Evidence
1. Any statement made by the defendant in compliance with this Act in this court;
1. Statement prepared by the police as to the suspect interrogation protocol of the accused;
1. Statements made to E in compliance with the police's statement;
1. Each image made of each photograph suitable for such photograph;
1. A statement of an investigation report prepared by the police, which conforms to the statement of witnesses during the arrest process;
1. Application of Acts and subordinate statutes making an investigation report prepared by assistant military guards to the prosecution (the verification of the level of violence against police officers) which is appropriate therefor;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
1. Recommendations based on sentencing standards;
(a) The basic area of the first category of obstruction of performance of official duties (in the case of coercion of official duties) (6 months to 1 year and 4 months);
(b) No special person;
2. The Defendant, who was sentenced to sentence, clearly aware that the police officer was in the course of performing his duties, such as “police,” committed the instant crime, and the degree of such assault and threat is less and less than that of assault and threat.
However, the defendant seems to have committed the crime of this case by accident under the influence of alcohol, and the defendant's mistake.