공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 9, 2016, the Defendant c 'C' located in Chungcheongnam-si B in Chungcheongnam-si around 01:20 on January 9, 2016, and c her abane, such as breathizing a drunk (Defendant) on the street.
“E and F, a police officer affiliated with the Asan Police Station D District of the Asan Police Station, upon receipt of a report, “ bitch bit of bitch, fluor of the Republic of Korea Police;”
짭새 새끼들, 씨 발 놈 아. "라고 욕설을 하며 오른쪽 주먹으로 E을 때릴 듯이 위협하고, 양손으로 F의 가슴과 몸통을 밀치고 발로 F의 정강이를 걷어차는 등 위 E, F을 각각 폭행하였다.
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. Statement by the police of each victims;
1. Application of each statute on photographs;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by sentence: Imprisonment for not more than five years;
1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;
1. Persons subject to special sentencing: None of them;
1. Scope of recommended punishment: Imprisonment with prison labor for six months to one year and four months;
1. A suspended sentence: positive - Main elements that have no history of criminal punishment - General positive elements: Social ties, clear, and strong reflect;
1. Determination of sentence: Imprisonment with prison labor for six months - Two years - Circumstances as seen earlier, motive and background leading to the crime, circumstances after the crime, criminal records, age, behavior, intelligence, environment, etc.;