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

Punishment of the crime

[criminal record] On September 30, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of obstructing the performance of official duties in the Incheon District Court’s Branch Branch, and completed the execution of the sentence on February 14, 2015.

[2] On September 10, 2017, at around 20:15, the Defendant: (a) reported 112, “A building C in the Nam-gu Incheon Metropolitan City building C, 502, i.e., son’s son and son’s body fight; and (b) prevented the Defendant from carrying out a behavior to get boomed by a slope E belonging to the Seoul Southern East Police Station D District; and (c) committed assault by drinking the said E’s chest part on one occasion; and (d) caused the Defendant’s drinking part on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the suspect's title F, telephone conversations, etc.);

1. Side photographs of the assault;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (the confirmation of crimes during the period of repeated crimes), text of judgment and current status of expropriation;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [type of determination] : Group 1 (Interference with and Compelling of Duties) (Special Sentencing) - Aggravation factors: In the area of aggravation of repeated crimes of the same kind [Determination in the sphere of recommendation] [Scope of punishment] 1 year to 4 years; and

2. The Defendant, who had been sentenced, committed the instant crime again during the period of repeated crime, after having completed the execution of sentence due to the same criminal record of a crime obstructing the performance of official duties.

The defendant has past records of criminal punishment on 20 occasions, and among them, he has past records of criminal punishment, three times including criminal records of repeated crimes, and has past records of criminal punishment five times and three times of suspended execution.

The defendant's crime was called out after receiving a report that there is physical fighting between his/her family members and assaulted the police officer who had met with him/her, and the nature of the crime is not good.