Text
A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
피고인은 2016. 8. 5. 19:55 경 B의 주거지인 평택시 C 건물 B01 호에서 B과 술을 마시던 중 술에 취하여 B과 시비가 생겼고, 이에 B으로부터 신고를 받고 출동한 경찰관 D으로부터 귀가할 것을 요구 받자 “ 씨 발 놈들 아 내가 뭘 그렇게 잘못했는데, 씨 발 내가 너네
The death of a third party shall be abandoned.
“The Handphone was expressed as “,” and the Handphone was used to display the drinking to the above D, and the Handphone was collected.
The defendant, at around 20:40 on the same day, arrived at the defendant's residential place located in Pyeongtaek-si C and was demanded to return home from D by police officers, and he would not enter the house and die.
“Along with the intention of “,” and continued operation, such as throwter and cellular phone thrown from D.
Therefore, the police officers' defects in the protective measures taken by the defendant's house into the house, and the defendant sent the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife
Accordingly, the Defendant, under the influence of alcohol, interfered with the legitimate execution of duties by a police officer in mobilization who is in a protective measure against a person who is likely to harm his or her life, body,
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. B written statements;
1. Application of statutes on site photographs;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Application of the sentencing criteria - Scope of the recommended sentence: The aggravated area (one year to four years) shall be limited to the category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).