공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six 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 26, 2018, the Defendant: (a) around 20:43 on August 26, 2018, in the parking lot for the Yancheon church located in 229, Young-gu, Busan.
“A police officer of the Southern Police Station C District of the Republic of Korea, who was called upon 112 report and was subject to a measure of returning home from D, who was flaged by D, and who was flaged to “C flag”, committed an assault by the police officer on the left side of D, such as flaging once the left side of D.
Accordingly, the defendant interfered with legitimate execution of duties concerning reporting processing and crime prevention by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to investigation reports and field photographs;
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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence against the police who was sent to the police after receiving 112 reports on the crime, and the nature of the crime is not good, and the defendant has committed two-time violence crimes against the defendant.
However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, the fact that the type of the defendant's exercise does not reach a very serious degree, and that the defendant has no record of being punished for the same kind of crime.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, Type 1 (Interference with the performance of official duties and coercion of duties), etc.