공무집행방해
A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
At around 01:40 on June 22, 2019, the Defendant: (a) committed an assault against the employees of the said main shop at the point of “C” located in Geumcheon-gu, Busan; (b) and (c) reported 112, and (d) stated that “The Inspector F of the Busan Geum-gu Police Station E zone called for the said main shop in order to arrest the said D as a flagrant offender in the crime of assault, the Defendant was unable to arrest the said F’s arms and descendants by taking the said F’s arms and descendants.”
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officials in flagrant crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspects of D by the prosecution;
1. A written statement of G and F;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. 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;
2. The sentence shall be sentenced to imprisonment with prison labor, as the case has existed as the sentence was previously decided, and the sentence shall be imposed in full view of the following factors: (a) the defendant is against the defendant; (b) there is no record of punishment exceeding the fine; and (c) the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime