Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal record] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for an assault by the Seoul Southern District Court on April 20, 2018, and the judgment became final and conclusive on April 28, 2018, and is still under suspended sentence.
[Criminal facts]
1. On July 25, 2018, around 01:35, the Defendant assaulted the victim’s face on a drinking ground that the victim D (the victim South and the age of 24) who is an employee of convenience store in C in front of Gangseo-gu Seoul Metropolitan Government was not able to do so by himself/herself, such as taking the victim’s face one time, taking the head knife and taking the head knife.
2. On July 25, 2018, the Defendant: (a) was arrested in a flagrant act on the grounds specified in paragraph (1) at the F box located in Gangseo-gu Seoul Metropolitan Government on the grounds that it was indicated in paragraph (1); and (b) prevented the police officer G belonging to the said box from keeping the face of the said G with the defect that the police officer G would sit in the seat of the seat, and preventing the Defendant from attempting to escape from tobacco.
“Absing with a bath, and assaulting the face of the said G two times with the hand floor.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and the management of new soldiers.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D or G;
1. Investigation report (the creation of CCTV images at a F police box) and investigation report (the creation of CCTV images at a convenience store);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of punishment for each crime;
1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] of Article 1 of the Act on the Punishment of Concurrent Crimes (Interference with the Execution of Official Duties) and Article 50 shall interfere with the performance of official duties (the scope of recommending punishment] of the basic area (six months to one year and six months) [the person who is subject to special sentencing] of Article 2 of the Act on the Punishment of Concurrent Crimes [the scope of recommending punishment] of Article 1 of the Act on the Punishment of Crimes of Violence (the scope of recommendations from February to October).