[Criminal Power] On August 26, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Incheon District Court’s Vice Branch Branch, and completed the execution of the sentence at the Sungsung Vocational Training Prison on February 26, 2017.

【Criminal Facts】

On July 12, 2018, at around 04:40, the Defendant visited the C District under the influence of alcohol in Bupyeong-si B, Seocheon-si, and asked D police officers belonging to the said District to “I need to go to a license test site, 500,000 won,” and demanded D to return home from D, “I am to go back, I am the same as that of the internal width,” and “I am to go back, I am to the same as that of the internal width,” and assaulted D by d’s hand by breaking the flab.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the situation service of police officers and the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Scenesics by working days in the C District, by cutting down CCTVs;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-suspects' repeated crimes and confirmation);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In view of the fact that the defendant for sentencing Article 35 of the Criminal Act among repeated crimes has a record of having been punished several times for the same crime, and that the defendant again commits the crime of this case during the period of repeated crime due to the same crime, a sentence of sentence on the defendant is inevitable.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant reflects the mistake; (b) the motive and background of the instant crime; (c) the degree of assault is relatively heavy; (d) the circumstances after the crime; and (e) the age, character and conduct, family relationship, economic circumstances, and health conditions of the Defendant at the trial.