공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 00:00 on September 11, 2014, the Defendant, at the “Cju” located in Yangju-si B, who was reported by the Defendant to the effect that the Defendant 112 was fright at the above head office, and the slope E belonging to the D Zone Unit of the Yangju Police Station called the Defendant to request the Defendant to verify his/her personal information, and the Defendant, who was frighted out of why he/she needs to obtain his/her identity, and she assaulted the E’s shoulder in his/her hand at one time, with his/her hand, by taking a hacks, “I fright, I son, I am son, I am son, I son, and I am son son.”
Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the degree of the mitigation area of the obstruction of performance of official duties (one month to eight months), [Special Mitigation] [Decision of Sentence] 6 months, and one year’s suspension of execution: The defendant’s assaults a police officer performing official duties to interfere with a police officer’s legitimate performance of official duties; the circumstances where there are favorable criminal records related to the same kind of crime and violence: reflects on his mistake; the degree of assault is relatively minor; the defendant’s age, character, character, intelligence and environment; the relation to the victim; the motive, means and consequence of the crime; the circumstances after the crime; and other factors for sentencing under each subparagraph of Article 51 of the Criminal Act are considered.