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 this judgment becomes final and conclusive.
Punishment of the crime
On September 29, 2019, at around 01:45, the Defendant reported on September 29, 2019 to the effect that “C” in front of the “C” convenience store in the Gyeonggi-si, the Defendant obstructed the police officer’s legitimate execution of duties in relation to crime prevention, suppression, and investigation by assaulting the slope E face of the person who was requested to return home from the slope E belonging to the Pakistan of the Pakistan Police Station D Zone, called “C” and was in business obstruction.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to photographs taken for damage;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;
2. In light of the Act on the Determination of Sentence of Punishment, if the degree of interference with duties is unreasonable, a sentence shall be determined as ordered, and the execution thereof shall be suspended, while probation shall be added, considering the following factors: (a) the police officer concerned wants to take a line; (b) there is no same criminal power or imprisonment with prison labor or any criminal record; and (c) the confession of a crime and reflect any mistake; (d) the Defendant’s age and social living relationship; (e) background leading up to the crime; and (e) circumstances before and after the crime; and (e) all factors of sentencing revealed in the course of investigation and trial.