A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 8, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act at the Gwangju District Court on one year and six months on January 30, 2012 and completed the execution of the sentence at the Gwangju Prison on January 30, 2012, and on March 18, 2014, the Defendant was subject to a decision by the Gwangju High Court to attach an electronic tracking device for five years.

4.1. The above decision became final and conclusive.

On April 14, 2014, according to the confirmation of the order to attach an electronic tracking device as above to the defendant, public officials C and D visited the defendant's residence located in Masung-gun E in order to grasp the defendant's location, etc., and notified the defendant of the confirmation of the attachment order as above. The defendant was to attach a location tracking device to the Gwangju Probation Office, and the defendant arbitrarily boardedd with the above C at the back seat of the Frentop car driven by the above D.

피고인은 위 승용차가 전남 곡성군 소재 곡성휴게소 인근 호남고속도로를 진행할 무렵인 같은 날 16:00경, 위와 같이 위치추적 전자장치 부착명령을 받은 것에 격분하여 발로 위 C의 머리와 어깨 부위 등을 약 20회 정도 찼다.

Accordingly, the defendant assaulted the public official executing the attachment order of the location tracking device.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (related to on-site mobilization, etc.);

1. Copies of the public official identification;

1. Photographs of damaged part, etc. of the victim;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (informating a written judgment and binding a copy of a decision to attach an attachment order), and statutes;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the decision of sentence] [the decision of sentence] six months: the special circumstances are as follows: