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

Punishment of the crime

[Criminal Power] On November 28, 2017, the Defendant was sentenced to eight months of imprisonment for a crime of special assault or injury at the Ulsan District Court, which became final and conclusive on February 13, 2018, and was released from prison on parole on June 29, 2018, and the term of imprisonment was terminated on July 27, 2018.

【Criminal Facts】

피고인은 2018. 9. 6. 00:55경 울산 남구 두왕로 277 울산박물관 앞 노상에서 택시를 타고 귀가하던 중, 위 장소에서 거점근무 중인 울산남부경찰서 B지구대 C 순찰차를 발견하자 택시를 정차시키고 하차한 다음 위 순찰차에 다가가 조수석 창문을 두드리고, 근무 중이던 경찰관 D, E에게 "왜 차 안에서 잠을 자노, 짭새야"라면서 시비를 걸었다.

Then, the defendant lowered from the patrol car to return home to the defendant, and assaulted a police officer D, " how he will serve a rank", and assaulted him, and the defective driver's seat and the chief illumination to get on the patrol vehicle E by hand, so that the police officer may not operate the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties for the handling of 112 reports and patrols by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Previous records: Criminal records, investigation reports (verification of repeated offenses by suspects and attachment of violent power records, etc.), application of Acts and subordinate statutes concerning personal confinement;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence;