Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On June 21, 2018, the Defendant was sentenced to imprisonment with prison labor for the purpose of obstructing performance of official duties at the Daejeon District Court’s Branch, for eight months, and completed the execution of the sentence on February 17, 2019.
【Criminal Facts】
Around March 22, 2020, the Defendant was under the influence of alcohol in front of B on the street, and the Defendant recommended the Defendant to invalid from the scene after receiving the 112 report that the Defendant abused a proxy engineer, the Defendant Doctrine D, background E, and slope F, a police officer belonging to the Chungcheongnamnam Police Station C District of the Chungcheongnamnam National Police Station, Chungcheongnamnam National Police Station, which was called “Catch, Catch, Catch, I am and I am.” On his hand, the Defendant saw the above D’s blick at one time, and the said E and F walk at one time and walk the F’s bridge at one time by walking the Defendant’s hand, and assaulted the Defendant by walking the F’s kneeel.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written statement of F and E;
1. Police officer's damaged photo, badic video CDs;
1. Previous records of judgment: Criminal records, etc., investigation reports (verification of criminal records of the same kind as a suspect and repeated crimes), and the application of Acts and subordinate statutes on accompanying materials;
1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;
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 sentencing guidelines are not applied directly because the scope of the recommended sentencing guidelines are superior concurrent crimes according to the sentencing guidelines, but they are superior concurrent crimes among the same crimes, see the sentencing guidelines.
[Determination of Punishment] The scope of the obstruction of the performance of official duties [No. 1] The basic area of the obstruction of the performance of official duties [Recommendation Area] 6 months to 1 year and 6 months
2. Determination of sentence: The following conditions and the defendant's age, character and conduct, criminal records, environment, circumstances after committing the crime, and other factors of sentencing as shown in the arguments in this case.