Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] The Defendant is under suspension of the execution of imprisonment with prison labor for six months with prison labor for the obstruction of performance of official duties in the Incheon District Court’s Vice-Support on April 24, 2014, and two years of suspension of the execution of the sentence. On May 1, 2015, the Defendant was sentenced to imprisonment with prison labor for the obstruction of business, etc. in the same court and completed the execution of the sentence on September 10, 2015.
【Criminal Facts】
Around September 12:15, 2015, when the Defendant was under the influence of alcohol due to alcohol abuse and alcohol addiction, and the Defendant was under the influence of alcohol in the F cafeteria of the E operation operated in Seo-gu Incheon, Seo-gu, Incheon, on September 10, 2015, and received a report that “I will write a guest,” and the Defendant spit the Defendant’s brine that “I will flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish.”
Accordingly, the Defendant assaulted H and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H, E, and I;
1. Photographs photographs of damaged parts;
1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (report attached to the judgment related to the same kind of power);
1. The point of judgment: Application of the recognized Act and subordinate statutes by taking into account the mental emotions of the head of a public medical treatment and custody office, the details and circumstances of the crime in this case, the circumstances after the crime is committed, and the defendant's legal attitude
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing of Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental illness and injury [decision of types] of obstruction of performance of official duties (decision of suspension of performance of official duties/performance of official duties) [decision of the recommended area] basic area [decision of the recommended area] 6 months to 1 year and four months [general person] - mitigation element (general person with mental disability) - aggravation factor of mental disability and injury.