A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 9, 2017, the Defendant was sentenced to 8 months of imprisonment for the crime of interference with business at the Busan District Court's Dong Branch, and the execution of the sentence was terminated on July 20, 2017 at the Busan District Court's Busan Detention Center.

피고인은 2018. 9. 21. 15:11경 수원시 팔달구 신풍로23번길 40, '행궁동주민센터' 에서 수원시 팔달구청 소속 사회복무요원인 B으로부터 번호표를 뽑고 기다리라는 말을 듣자 화가 나서 B에게 수회 욕설하고, 이에 같은 소속 사회복무요원인 C이 ‘무슨 일이냐’고 물어보자 갑자기 C에게 ‘이 씨발새끼야’라고 욕설을 하면서 오른손으로 C의 왼뺨 부위를 1회 때렸다.

Accordingly, the defendant interfered with the legitimate performance of duties concerning civil petition guidance duties of social work personnel working at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Voluntary report, investigation report, investigation report (related to the confirmation ofCCTV image), investigation report (includingCCTV video CDs), and investigation report (related to attachment of a victim’s service certificate);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (a), repeated crimes, persons who suffer from violence, persons who will suffer from violence, previous crimes of the same kind, judgment, 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. The scope of punishment by law: Imprisonment for one to five years;

2. 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 Aggravation]: 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.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

- the unfavorable circumstances;