[Criminal Power] On October 14, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties in the Incheon District Court’s Vice- Branch, and was decided to revoke detention by the Incheon Detention Center on January 19, 2017, and the above judgment became final and conclusive on January 20, 2017.

【Criminal Facts】

On March 23, 2019, at around 00:35, the Defendant: (a) 112 reported that drunk persons in front of the Seo-gu Incheon Seo-gu Blet C, were suffering from disturbance; and (b) intending to obtain a recommendation to return home from E by the police officer belonging to the Incheon Western Police Station D police box, which called “I have to go to the police force of green gue, I have to go to go to Korea, I have to go to go to Korea; and (c) tried to see the face of the above E in drinking, and was snicked by hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports and preventing crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Previous records: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and application of Acts and subordinate statutes to criminal records, etc.;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is minor, the factors of aggravation: Reduction area of the same repeated offense [the area of recommendation and the scope of recommendation] mitigation area, and one month through eight months of imprisonment;

2. The Defendant, who was sentenced to criminal punishment on several occasions due to a crime related to violence, has the record of being sentenced to criminal punishment on two occasions due to the crime of obstruction of performance of official duties, and in particular, on October 14, 2016, was sentenced to imprisonment for six months as a crime of obstruction of performance of official duties, and committed the instant crime even during the period of repeated offense from January 20, 2017, and the Defendant committed the instant crime.