Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On July 1, 2016, the Defendant was sentenced to eight months of imprisonment for a special injury by the Seoul Northern District Court, etc., and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on October 10, 2017.
【Criminal Facts】
On March 28, 2020, at around 02:10 on March 28, 2020, the Defendant appeared and was investigated by voluntary acting in a D police box located in the Jung-gu Seoul Metropolitan Government, while taking a bath to the customers of the above C.
At around 02:48 on March 28, 2020, the Defendant heard that he would make a written statement from the police officer, who is a police officer belonging to the above police box, “I would like to do so. I would like to write I would like to write I would like to go home because I would like to go home because I would go home voluntarily from the above E. I would like to go home without any reason. I am first of all, I would like to go home to go home. I would like to write I would like to go back I would like to go home. I would like to go home. I would like to go home to go home. I would like to put I would like to go home with the face of the above E.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of statement;
1. A report on investigation (police scam campaigns) and a report on investigation ( CCTV boxes);
1. Criminal records as stated in the judgment: Application of criminal records, reply reports, investigation reports (a) and other Acts and subordinate statutes;
1. Reasons for sentencing Article 35 of the Criminal Act from among the statutory provisions applicable to the crime, Article 136 (1) of the Criminal Act that apply to the choice of criminal punishment, and repeated crimes selected to imprisonment;
1. The basic area (six months to one year and six months) of the punishment for the obstruction of performance of official duties according to the sentencing guidelines (no person shall be subject to a special punishment):
2. The crime of this case, when the defendant was voluntarily accompanied by the police box, is not likely to obstruct the legitimate execution of official duties by exercising violence against the police officer while being investigated.
In addition, the defendant is committed with obstruction of performance of official duties twice even before.