공무집행방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On June 22, 2016, at around 00:05, the Defendant, who was a driver of the Defendant, was under the influence of drinking, and became under the control of B, and became under the control of D Zone C at the same time.
Although the Defendant again requested the police officers belonging to the said global belt to take a alcohol test again against B, the police officers belonging to the said global belt did not interfere with the re-measurement, but the Defendant lost the key of the vehicle. However, the police officers belonging to the said global belt expressed a large voice of “he was found to have lost the key of the vehicle,” on the ground that the police officers belonging to the said global belt did not find the lost key of the vehicle.” Accordingly, the police officers belonging to the said global belt followed the Defendant’s face once by hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to photographs of CCTV images;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Subject to the sentencing guidelines, the sentencing factors that are disadvantageous to the decision of the second sentence sentence sentence that no person has to be sentenced to the basic sphere of the obstruction of performance of official duties (from June to January 4): The crime of this case is committed against the police officer who performs official duties, and the nature of the crime of this case is not minor: the crime of this case is committed against the police officer who performs official duties, and the sentencing factors that are favorable to the nature of the crime is not minor: the defendant is against the probation; the defendant is against the defendant; the defendant's age, character and behavior, environment, motive of the crime of this case and all the sentencing conditions indicated in the arguments and records