공무집행방해
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 March 31, 2019, while under the influence of alcohol at around 22:20, the Defendant got a taxi in the vicinity of the Busan-gu Yadong-gu, Busan-do, and was able to go back to the taxi article with a trial cost for “the taxi return to the road”, and visited the taxi article to the C district located in the same Gu B along with the taxi article.
The Defendant instructed the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, to receive civil petitions for inconvenience in the use of a taxi, and recommended him to return home, and the Defendant: “I am going to the taxi where I am, I am to the son, I am to the Democratic Police, I am to the son, I am to the left hand floor, and assaulted twice the above D's right shoulder at the right shoulder.”
Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of civil petition reports by police officials.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. Determination of sentence: A decision shall be made as ordered in consideration of the fact that the defendant, while under the influence of alcohol, takes into account the fact that he/she was a police officer, was prior to and only once a fine, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, etc.