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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 7, 2020: (a) around 00:10, the Defendant received 112 reports from his employees that “no loss will be calculated,” and heard the horses that “I may be punished in the form of a imprisoning” from E by the police officer affiliated with the Seocho-gu Seoul Seocho-gu Police Station D police box, which called “I will be punished in the form of a imprisoning if you do not count.” On January 7, 2020, the Defendant sold the left inside part of the above E at one time as drinking and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 Report Report.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A statement of witness of the F;
1. Application of Acts and subordinate statutes concerning investigation reports (related to CCTV images at the scene of occurrence);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by taking full account of the following circumstances.
It is necessary to strictly punish the crime of obstruction of the performance of official duties which interferes with the legitimate exercise of public authority, and thus undermines the function of the state.
However, the defendant, upon receiving a report 112, assaults the security face value of the police officer, and it is not good to commit the crime in light of the circumstances and the attitude of the act.
The damaged police officers did not receive any tolerance from the police officers.
There is a history of fine for violence-related crimes.
A favorable attitude is shown to recognize and reflect one's own crime.
There is no previous offense exceeding a fine.