Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 9, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury, etc. in the original branch of the Chuncheon District Court, and the execution of the sentence was completed on January 17, 2016 at the Chuncheon prison.
1. On February 6, 2016, the Defendant damaged the said vehicle, which is the next victim, to repair the said vehicle at KRW 317,491, as the Defendant was under the influence of alcohol at the front of D on the road located in 18:40, Won-si, Won-si, without any reason, prevented the victim E (n.e., 5 years old) from driving without any reason, and walking the back part of the right pan part of the vehicle.
2. On February 6, 2016, at the same place as indicated in paragraph (1) around 19:03, the Defendant committed assault, such as: (a) the Defendant was asked by the slope H belonging to the Kunju Police Station G District, who was called out after receiving a report from another person, to ask questions about the circumstances of the instant case; (b) the Defendant was unable to enter the police station; and (c) the Defendant committed assault by hand against the chest part of the said H’s chest.
As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and E;
1. A written statement of I;
1. Occurrence of a suspected incident, such as interference with the performance of official duties, and arrest reports;
1. A copy of the work site of G belt;
1. Written estimate;
1. Photographss by capturing CDs (booms and videos), black boxes and video images;
1. Previous convictions: Inquiries of residents, inquiries about criminal history, application of Acts and subordinate statutes concerning personal identification and confinement;
1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).
2. The basic area of crimes No. 2 (damages) (Scope of Recommendations) (Article 1 (Destruction of Property, etc.) (Article 4-10).