Text
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.
Reasons
Punishment of the crime
On November 25, 2017, the Defendant: (a) committed an assault on the ground that the former bus stops located in the middle-gu, Daejeon, Daejeon, about 100, while being drunk and getting in a bus No. 201 while being drunk, the Defendant forced the Defendant to stop and forced the Defendant, on the ground that: (b) the police officers D, etc. belonging to the Daejeon, Police Station C District of the Daejeon, who was called out after receiving a report No. 112 while getting in a bus No. 201 while under the influence of alcohol, and forced the Defendant to stop and use the Defendant.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Each legal statement of witness E, D, and F;
1. Statement made by the police against D;
1. 112 A list of reported cases;
1. Application of the statutes governing images taken at the time of arrest;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination of the grounds for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendation] The grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of punishment] The mitigated area of punishment (one month to eight months) / [the person who has been specially mitigated] The motive for committing a crime [the sentence] is not previous; there was no physical conflict in the bus; the defendant's age, sex, sex, environment, motive for committing a crime, means and consequence; circumstances after committing a crime, etc. are considered; and the defendant and defense counsel's assertion of the defendant and defense counsel
1. The act of the police dispatched after receiving a report 112 on the summary of the allegation, forced the defendant to leave the police station, is not a legitimate execution of official duties, and therefore it does not constitute a crime of obstructing the execution of official
2. Determination
A. Interference with the execution of official duties is the premise of a legitimate execution of official duties by the public official, and in order to be lawful in the execution of official duties, the act must not only be within the authority of the public official in question, but also within the authority of the public official in question, and must have an important method as an act of official duties. It is abstract.