공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 11, 2018, at the center of the city of Busan, the Defendant expressed that he was under the report of 112 that he was suffering from disturbance due to drinking in front of the public toilets in 1001, the Defendant, at around 00:15 on August 11, 2018, sent to the above D, who was asked about his personal information and address for returning to Korea from the circumstances surrounding the Busan Police Station C District Unit of the Busan Police Station, and expressed that he was under the questioning of the address for returning to Korea, and expressed that he was under the care of the above D such parts as the shoulder part and the part of the above D’s shoulder, which he was under the care of both hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to E and D;
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 of the community service order;
1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)
2. The sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and results of the crime, and circumstances after the crime;