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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 3. 4. 01:50 경 성남시 분당구 B에 있는 C 편의점 앞길에서, 술에 취한 사람이 편의점 앞에서 잠을 자고 있다는 112 신고를 받고 출동한 경기 분당 경찰서 소속 경장 D 등이 피고인을 깨워 인적 사항을 확인하려고 하자 “ 재밌냐,

Whether or not the formation of relationship

C. In the lux of Ba, such as C. C. C., the f.o.b., was assaulted by the removal of the head of the said D, f.o., by the defect that D, etc. tried to arrest the Defendant as a current offender, due to the defect that D, etc. tried to arrest the Defendant as a current offender.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (Obstruction of the performance of official duties), damaged photographs and site photographs, investigation reports (verification of the situation of police officers' campaigns in the field), and application of Acts and subordinate statutes to criminal investigation reports (badict verifications);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Public Prosecutor’s Opinion] 1 year of imprisonment / [Judgment] 6 months of imprisonment, and obstruction of performance of official duties for 2 years of suspended sentence is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen.

However, given the favorable circumstances, such as the defendant's confession, and the fact that the defendant has no record of crime, etc., the sentencing guidelines are set by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., of Article 51 of the Criminal Act as stated in the records and arguments.