Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On January 27, 2020, at around 21:30, the Defendant: (a) filed a report on 112 report that “the Si guard occurred” in front of Yeongdeungpo-gu Seoul Metropolitan Government B apartment; and (b) filed a false statement with D, who was on the back seat of the Seoul Yeongdeungpo-gu Police Station C District, and went back to the C District and was under the influence of alcohol, and went back to the C District without any special reason, to the D, who was under the influence of alcohol and prevented the police from getting on and off the back seat of the patrol, and went back to the C District one time.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. 동영상 켑쳐사진
1. Application of photographic Acts and subordinate statutes, such as telegraph;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. 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.
3. Determination of sentence: The sentence shall be determined as per the order, considering all the circumstances, including six months of imprisonment, the background of the crime in this case for two years of probation, the degree of obstruction of performance of official duties, the previous criminal punishment of the defendant, the fact that the defendant is against himself/herself;