Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2015 Highest 613]
1. 피고인은 2015. 11. 8. 21:16 경 충북 음성군 C에 있는 D 부동산 뒤 노상에서 피고인으로부터 절도 신고를 받고 출동한 E 지구대 소속 경위 F, 경사 G으로부터 피해내용을 정확히 알려 달라는 요청을 받았음에도 자신에게 욕을 하는 것으로 오인하고 경위 F에게 “ 씹새끼야, 니가 뭣하는 놈이냐 ,
He did not keep all scars only, and she did assault, such as "I am dead" and "I ambling drinking," and interfere with the legitimate execution of duties of police officers concerning the maintenance of order and investigation.
[2016 Highest 240]
2. On April 4, 2016, at around 20:00, the Defendant received a report from Y, and obstructed the police officer’s legitimate performance of duties concerning the handling of reports and the maintenance of public security by assaulting the 112 police officer’s chests, who were on his/her own floor, by assaulting K’s chests, who were on his/her own floor, to be asked to present identification cards from J, security guards, and L who were called out.
Summary of Evidence
[2015 Highest 613]
1. Each legal statement of witness F and G;
1. Reporting on the arrest of a case (2016 altitude 240);
1. Each legal statement of a witness, L or K;
1. On-site photographs and videos;
1. Investigation report (on-site photographs and video CDs extractions);
1. Reporting on investigation (verification of how police officers are dispatched to the scene), and application of Acts and subordinate statutes to report on investigation (the time and place of crime);
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing guidelines [type determination] There is no crime obstructing the performance of official duties, interference with the performance of official duties, and no type 1 (Interference with the performance of official duties) [the scope of decisions and sentences of recommendations] (the scope of decisions and sentences of recommendations in the recommended area] basic area, six months to one year and four months;
2. The decision-making defendant shall be sentenced to imprisonment with prison labor for the same crime;