공무집행방해
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 12, 2017, the Defendant did not pay the drinking value after drinking alcohol at the “C” entertainment drinking point located in Jinjin-gun B, Namjin-gun, Namjin-gun on November 12, 2017.
Therefore, as the police E belonging to the police station of Gangnam-gu Police Station, which had been dispatched to the site after receiving the report of 112 of the employees of the above main office, demands to present an identification card in the course of confirming the facts.
“In the body of the said E, the shoulder of the said E was calculated once by pushing the said E with the right arms.
Accordingly, the above E arrested the defendant as a current offender interfering with the performance of official duties, and then assaulted the defendant with the face of the above E as head.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and E;
1. Application of Acts and subordinate statutes to investigative reports (such as attachment of parts of damage police officers and photographs of damaged places);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area (referring to six months to one year and six months) / [decision of sentence] the period during which the performance of official duties is obstructed, the degree of violence is not relatively heavy, and the act of obstructing legitimate performance of official duties by exercising violence is highly necessary, and the defendant's age, sexual behavior, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the records and arguments are considered as a whole.