공무집행방해
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal records] On May 13, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the public order branch of the Daejeon District Court, and completed the execution of the sentence at the Daejeon Prison on September 4, 2016.
[2] On September 24, 2016, the Defendant was under the influence of alcohol in front of the D District District located in Daejeon Dong-gu, Daejeon on September 24, 2016, and the Defendant was under the influence of alcohol, and E, a policeman belonging to the said District, who was under the influence of alcohol, required to take a bath without any justifiable reason, against the Defendant.
Unless otherwise permitted, she shall return.
For the reason that the Defendant said that he said that he was “,” he saw this weather, etc., he saw the face part of the above E once a drinking, cut the chest of the above E to the floor by tightly cutting it over the upper floor, and assaulted the her on the upper floor. Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in relation to the prevention, suppression and investigation of the crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on the previous convictions and confirmation of repeated crimes);
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant committed the instant crime even after being released from prison, and it is inevitable to sentence a sentence in light of the following: (a) the commission of the instant crime during the period of repeated crimes; (b) the exercise of force against police officers performing official duties; (c) the commission of force against police officers requires strict punishment; (d) the commission of multiple violent crimes; and (e) the
However, the sentencing guidelines (basic area: June to April) are based on the following factors: (a) the Defendant led to the instant crime; (b) the difficulty in communication due to the hearing is likely to lead to a contingent crime while drunk; and (c) the Defendant’s age, occupation, family relationship, sexual conduct, environment, circumstances before and after the instant crime is taken into account; and (d) the sentencing guidelines (basic area: June to April).