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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2018, the Defendant 18:25, at the entrance of the New Salary Park No. 1, 2700, at the front of the New Salary Park No. 2700, the Defendant saw a pedestrian who is driving a vehicle.
“A police officer of the Leecheon Police Station B, who received a report on the content of 112, identified the personal information of the Defendant, and attempted to verify the fact that a warrant of execution of a fine was issued to the Defendant and notify the Defendant of such fact, and to arrest the Defendant. During that process, police officers assigned to the same patrol group who controlled the Defendant and intended to board the patrol group twice as the head of the Defendant.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made by the police with respect to F;
1. Application of Acts and subordinate statutes to investigation reports (CCTV);
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of punishment by sentence: Imprisonment for one month to five years;
2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of official duties.
3. The defendant's decision of sentencing reflects wrongness.
Defendant has a number of criminal records.
The punishment as ordered shall be determined by taking into consideration the following circumstances, such as the details of the instant crime committed in the record, the circumstances after the crime, the age of the accused, the sex, and the environment.