공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On October 27, 2020, the Defendant: (a) around 05:30 on October 27, 2020, the Defendant was drunk in front of the singing clubs located in Seo-gu, Seo-gu, Seocheon-gu; (b) opened the door, and avoided the disturbance.
“ ........... the 112 report of “ .....” was sent from the 112 police officer of the Western Northern Police Station C District D, which was called “.......”
The Defendant, while taking a bath with a large amount of 112 report, she pushed the chest part of the above D with two grandchildren, and assaulted a police official who performs the duties concerning the handling of the 112 report case.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. E statements;
1. Application of Acts and subordinate statutes on the field and photographs of damage, and the list of 112 reported cases;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties; [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area; six months to one year and six months;
2. The Defendant, who was sentenced to a sentence, exercised violence against the police officer in uniform, and such act is likely to be criticized in that the police officer’s duty to maintain the order of the police officer, as well as that the police officer’s duty to maintain the order and the public authority can be promoted.
However, the defendant recognizes his mistake and is against his will.
There are no criminal records of the same kind.
In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.