A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On October 20, 2014, around 20:15, the Defendant reported that “the Defendant died of person” at the frontway of Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and reported falsely 112, and sent the scene to the scene by five other police officers, including slope E, belonging to the zone unit of the Busan Metropolitan Police Station.

The Defendant, when the police officers went to the direction of the vehicular road, and the occurrence of an accident is likely to cause the accident, and the Defendant assaulted the Defendant’s arms, to the right drinking, when the Defendant’s left shoulder and the chest turn on the breast.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers to the 112 site.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;

2. The act of using violence to police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant, such as: (a) the nature of crime is bad; and (b) the defendant has been punished for obstruction of performance of official duties in the past.

반면 피고인이 이 사건 공소사실을 인정하며 반성하고 있는 점, 술에 취해 우발적으로 저지른 범행으로 보는 점, 경찰관 E이 피고인에 대한 처벌을 원하지 않는 점, 피고인이 노모(老母)를 부양하여야 하는 점 등은 피고인에게 유리한 양형 요소이다.

Furthermore, the sentencing data expressed in the arguments, such as the Defendant’s age, character and conduct, environment, and criminal records, are taken into consideration equally, and the sentencing guidelines for obstruction of performance of official duties formulated by the Sentencing Committee also