Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties by the Ulsan District Court, and on March 27, 2018, the Ulsan District Court completed the execution of the said sentence.
【Criminal Facts】
On October 3, 2018, at around 00:20, the Defendant: (a) did not pay the drinking value after drinking alcohol in the “D’s operation,” which is located in Ulsandong-gu B; and (b) tried to verify whether the F (56 years of age) of the post box belonging to the Ulsan Dong-dong Police Station E box called up pursuant to the 112 Report has a card to pay the drinking value to the Defendant; (c) caused the above F to have a sound “police, fish, f., f.,” and f., carried the said F’s chest by hand, with the finger’s hand, shing it into a smuggling, a hand-to-face, a hand-to-face, and f.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the above F F's 112 reported case, a police officer.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and C;
1. Previous records: Criminal records, copies of each written judgment, and application of Acts and subordinate statutes concerning personal confinement;
1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);
1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is as follows: (a) the nature and form of the crime is not good in light of the criminal law and the circumstances at the time of the crime; (b) the extent of violence and obstruction of official duties is not weak; and (c) in order to establish the legal order of the State and to eradicate the peace of the public authority, it is necessary to strictly punish the same crime as in this case; (d) the responsibility for such crime is grave; and (e) there are many records of having been punished for the same violent crime. In particular, on November 30, 2017, the court, who was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties and released from prison without being able to do so for six months after being released from prison, even though it was a repeated crime.