A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Criminal Power] On November 3, 2015, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Violence) in the Southern District Court’s branch on November 3, 2015. On May 20, 2016, the Defendant completed the execution of the sentence in the Jeonju Prison.

【Criminal Facts】

At around 04:00 on June 5, 2016, the Defendant: (a) expressed the victim’s desire to take a dial force, such as displaying the above victim’s face, in order to verify the situation where G police officers, who were dispatched after receiving a report of 112 from the South Korean Police Station F Zone G, were working for the E entertainment drinking club workers and the drinking value in the vicinity of the said Dju shop, in front of the Dju shop located in Nam-si, Namwon-si; (b) expressed the victim’s desire to take a dial force to check the situation where G police officers, who were called up after receiving the report of 112.

As a result, the defendant interfered with the maintenance of police officers' order and the legitimate execution of their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, G, and I;

1. Photographss related to obstruction of performance of official duties;

1. A report on internal investigation (on-site conditions, etc.);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the fact that the period of repeated crime is in existence and the previous records and attachment reports of judgment);

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] In the case where the degree of assault, intimidation, and deceptive scheme is minor (special mitigation) of the mitigation area of category 1 (Obstruction of Performance of Duties and Compelling of Duties) [Special Mitigation] [Determination of the sentence] of the crime of obstruction of performance of official duties, the defendant committed the crime of this case not only three times since he was sentenced to three times as a crime of obstruction of official duties, but also since he was sentenced to three times as a crime of violence, he committed the crime of obstruction of official duties. The crime of obstruction of official duties needs to be strictly punished as a crime detrimental to the foundation of the rule of law by nullifying the legitimate exercise of public authority, and there is a considerable possibility of criticism.