A defendant shall be punished by imprisonment for one year.

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

On March 11, 2016, around 20:49, the Defendant reported 112 to the effect that there was a vehicle which has been illegally installed in the front parking lot of the 105 Blue House of the 105 Blue House of the 109 U.S., Jinsan-gu, Busan-ro. The Defendant sent to the site upon receipt of the report, and D’s failure of the former Blue Police Station, sent to the site to the Defendant for any reason.

Does report were filed

“Along with the fact that the author made an article to the reporter himself/herself, he/she made him/herself mistake that he/she made the article, and the third hand of the above D, and fourth hand, and caused the victim D (348 years old) to make it strong, and caused a mination of the 4th day above the right part which requires treatment for about four weeks.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time injured the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The sentencing criteria cannot be applied as they are, since the crime of injury and interference with the execution of official duties of the reference sentencing criteria are in a mutually competitive relationship, and the sentencing criteria do not present a separate handling method for the mutually concurrent crimes.

However, since the sentencing guidelines for the crime of injury reflects the interference with the execution of official duties as sentencing factors, the scope of the sentencing guidelines for the crime of injury is examined as reference materials for proper sentencing.

[Scope of Recommendation] General In the case of interference with the execution of official duties in the aggravated area (6 months to 2 years of imprisonment) (special aggravation) of Category 1 (General Injury).