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.

Punishment of the crime

1. On June 29, 2019, the Defendant of the obstruction of performance of official duties by fraudulent means reported to the head of his house located in B apartment apartment No. B at Yangju-si, Yangju-si, that the head of the Dong and the wife fighted at B, and called “to discharge and explosion urban gas installed in the house” at 119, and made five police officers, etc. belonging to the D Zone D District of the Yangju Police Station on the same day identify the location of the Defendant and called to the scene.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of the above police officers' crimes, public peace and maintenance of order through fraudulent means.

2. 공무집행방해 피고인은 2019. 6. 29. 18:20경 위 아파트 F동 앞 주차장에서, 위 사건으로 112 신고를 받고 출동한 경찰관들에게 현행범으로 체포되어 경사 E에게 인계되자 위 E에게 담배를 피우게 해달라고 하였으나 거절당하였다는 이유로 화가 나 발로 E의 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to replys to requests for investigation and cooperation (119 reported data);

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, Article 137 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act - The first crime: The basic area of the obstruction of performance of official duties by deceptive means (type 2) (type 8 months to 1 year and 6 months): the basic area of the obstruction of performance of official duties (type 1) (type 6 months to 6 months), the basic area of the obstruction of performance of official duties (type 1) (type 6 months to 6 months): the scope of recommendations according to the criteria for handling multiple crimes: the sentence of imprisonment for 8 months to 2 years.