A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 22, 2013, the Defendant was sentenced to three months in Seoul Southern District Court for a violation of the Public Official Election Act. On March 1, 2013, the Seoul Southern Southern District Court completed the enforcement of the sentence.

At around 09:40 on September 30, 2015, the Defendant: (a) left cigarette butts in front of the Seocheon-gu Incheon Metropolitan City C, without permission; (b) was issued a notice of payment of a penalty of KRW 30,000, in violation of the Punishment of Minor Offenses Act from E in the circumstances where the D District District District District District was affiliated with the Seocheon-gu Police Station D, Seocheon-gu, Incheon Metropolitan City; (c) was in violation of the Punishment of Minor Offenses Act; and (d) was unable to take a patrol, and “I peep, drinking, Chewing gu, var, nick, nick, nick,” and was able to take a part of E with his hand at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol duties to prevent crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A copy of the work log, or a public official identification card;

1. Application of statutes on photographs of damage;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] There is no basic area (6-1 year and 4 months) of the obstruction of performance of official duties (6-1 year and 4 months). [Determination of sentence] Defendant has the record of having been punished for the same kind of crime. Considering that Defendant committed the instant crime during the repeated crime period, sentence of sentence on Defendant is inevitable.

However, considering the fact that the defendant reflects his mistake, and all other circumstances, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, the punishment shall be determined like the order, beyond the scope of the recommended sentencing criteria set in the sentencing criteria