200 Highest 4179 Performance of Official Duties

A, 1976 NT, South and North

Residence

Reference domicile

Kim Senior (Court of Prosecution) and Kim fixed-time (Court of Justice)

may 7, 2021

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 one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 40 hours.

Criminal facts

At around 23:30 on August 14, 2020, the Defendant stated to the effect that the police officers, such as the captain B, etc., of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, who did not move to the police officers assigned to the police assigned to the police assigned by B-do-dong-

Accordingly, the defendant interfered with the police officer's protection of the police officer and the legitimate execution of his duties.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 136(1) of the Criminal Act (Appointment of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of recommended sentences according to the sentencing criteria;

【Determination of Punishment】

In the case of obstruction of performance of official duties: 01. Obstruction of performance of official duties

【Special Convicted Persons】

- Mitigation elements: where the degree of violence, intimidation, or deceptive scheme is minor;

【Recommendation Area and Scope of Recommendations】

Above 8 months of imprisonment, 1 month to 8 months

3. Determination of sentence;

The following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, including the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the condition that the community service order is faithfully observed.

○ Unfavorable Circumstances: Consideration of the crime of this case, such as assaulting a police officer who properly performs official duties, and the nature of the crime is serious, and the police officer who suffered damage wishes to punish the defendant.

○ favorable circumstances: Taking into account the following circumstances: (a) the fact that the Defendant recognized all of the instant crimes; (b) the Defendant repented and reflected his mistake; (c) there was no record that the Defendant was punished for the same kind of crime; (d) the degree of obstruction to the Defendant’s official duties is relatively minor; and (e) there was no significant result

Judges Yang Sung-sung