공무집행방해등
A defendant shall be punished by imprisonment with prison labor for four 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
The Defendant, upon receiving a report from 112 at the above date and time and place, sent to the police officer D, who was investigating the circumstances of the case, and sent to the police officer affiliated with the police station C District of the Yeongdeungpo-gu Police Station C District to D, and expressed “B, E,” and assaulted a police officer performing official duties, such as smugglinging the chest part of the above D, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of report 112.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;
1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).
2. The Defendant, prior to the instant case, was punished once a suspended sentence of imprisonment with prison labor for violent crimes, once a fine is imposed, and once a fine was imposed due to a violation of the Road Traffic Act (drinking), thereby committing the instant crime again, even though he was able to have known of his violent inclinations and abnormal behavior at the time of drinking. The Defendant committed the instant crime again by assaulting a police officer who conducts the prevention and investigation of child abuse with the uniform of service, thereby impairing the public authority with regard to the enforcement of the Act.
However, the defendant committed the crime of this case by contingently, and reflects the crime.
The type of the defendant's exercise seems to be relatively low.
The Defendant was arrested immediately after the instant case, and it seems that there was no particular resistance in the process of arrest.
In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, etc., and all of the sentencing conditions shown in the arguments and records of the crime shall be considered.