Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 23, 2017, around 22:50, the Defendant:51 U.S.A. 54-ro 54 U.S.A. 3 in the front of the public security center in Gangseo-gu Seoul, Gangnam-gu, Seoul., and “cab customers will take a bath for returning home from D, who is a police officer belonging to the Seoul Gangnam Police Station C District, dispatched after receiving a report 112, and expressed a desire to take a bath for returning home from D, who is a police officer belonging to the Seoul Gangnam Police Station C District, and brought about a threat of drinking as if he were at the time of the said D, and the Defendant was faced with the patrol vehicle by pushing the chest of the said D with both hand.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Grounds for sentencing of punishment pursuant to Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning the facts constituting an offense;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to six years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.
3. The punishment of this case was sentenced on March 24, 2017 due to a crime of obstructing the performance of official duties by a person who was under a criminal trial on September 8, 2016, including two times the suspension of the execution of imprisonment with prison labor, and a crime of obstructing the performance of official duties by a person on September 8, 2016 and a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults) committed on September 24, 2017, and was currently pending in the appellate trial (Seoul High Court Decision 2017No1082, Seoul High Court High Court Decision 2010Da1082).