A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Around 02:10 on August 13, 2014, the Defendant: (a) reported 112 taxi articles that are not caused by a passenger; and (b) obstructed police officers’ performance of the duties of police officers with regard to the handling of reporting 112 at the seat of the 112 return, when the Defendant shouldered the Defendant who was unclaimed in the chief of the taxi, and was called up on the 112 return.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;

2. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.

반면 피고인이 이 사건 공소사실을 인정하며 반성하고 있는 점, 술에 취해 우발적으로 저지른 범행으로 보는 점, 주목할 만한 범죄 전력이 없는 점, 노모(老母)를 부양하고 있는 점 등은 피고인에게 유리한 양형 요소이다.

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and behavior, and environment, were taken into consideration, and the sentencing guidelines for obstruction of performance of official duties, prepared by the Sentencing Committee