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

Punishment of the crime

[Criminal Power] On May 9, 2019, the Defendant was sentenced to three months of imprisonment for the obstruction of performance of official duties by the Daejeon District Court, and on June 19, 2019, the Defendant completed the execution of the sentence in the Daejeon Correctional Institution.

【Criminal Facts】

At around 16:00 on February 26, 2020, the Defendant reported 112 to the effect that “C” in the south-gu, Southern-gu, Sinpo-si B, the Defendant spawded the Defendant at one time on the ground that the police box affiliated with the coastwise Police Station D police box called the Defendant to get off and get out of the taxi, on the ground that he would restrain the Defendant from getting off and getting out of the taxi.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each internal investigation report, tear-proof cover photograph, each 112 reported case processing sheet, black-stuff image photograph, black-stuff image CD, each investigation report, and medical certificate for working ability evaluation;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes, the same kind of power, etc.), list of related cases, judgments and summary orders, and application of Acts and subordinate statutes to the status of confinement by individuals;

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 applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation of the obstruction of performance of official duties (category 1): The scope of recommendations according to the sentencing guidelines [decision of types] for the obstruction of performance of official duties [Special Aggravation]: Aggravation of repeated crimes of the same kind (area of recommendations and the scope of recommendations], aggravation area of aggravated punishment, one to four years of imprisonment.

3. The crime of obstruction of the performance of official duties by sentence is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the offender in order to establish a legal order of the State and eradicate a light of public authority.