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

Punishment of the crime

[Criminal Power] On December 8, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on December 8, 2016, and completed the execution of the sentence at the Daegu Detention Center on December 4, 2017.

【Criminal Facts】

On May 1, 2018, the Defendant consulted with the competent social welfare office D in relation to the application for emergency relief funds at the C community service center located in North Daegu Metropolitan City, Daegu Metropolitan City, on May 1, 2018, on the ground that the Defendant stated that the said D is not subject to the supply of emergency relief funds, he/she expressed his/her intent to the victim, such as Chewing, dead, etc., and laid down the paper on his/her book on his/her back on the floor, and her flap was dumped with the victim’s flap.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petitioners counseling by public officials in charge of social welfare centers.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

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. 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;

2. Determination of sentence: Imprisonment with prison labor for eight months that the defendant is not eligible for the supply of emergency relief funds; however, it is not good that the defendant has interfered with the legitimate execution of official duties by bringing a bath to a public official in charge, assault, etc.

In addition, the degree of criticism is high by committing the crime of this case during the period of repeated crime.

However, it appears that the defendant's age, character and conduct, environment, situation before and after the crime is considered, etc., and the sentence shall be determined as per the order.