A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On March 24, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Daegu District Court on April 16, 2017 and completed the execution of the sentence at the Daegu Detention Center.

【Criminal Facts】

At around 20:40 on November 4, 2019, the Defendant, upon receiving a report on 112 that he would drink food and want to drink without paying the price, and then, upon receiving a notification disposition from E, a police officer belonging to the Gyeongsan Police Station D District for the Gyeongsan Police Station that called “I will not drink food and drink, I would like to take the bath, “I will do so,” “I will do so, I will do so, I will do so,” and assault E’s breast part with both hand, “I will do so,” and “I would like to repeat the breast part of E’s chest,” and “I will stop this.”

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A report on investigation (at the time of arrest, witness, etc.);

1. Criminal records as stated in the judgment: Application of criminal history records, reply reports (A) and Acts and subordinate statutes to criminal investigation reports (verification during the period of repeated crime of a suspect);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the special person] increased factors: Aggravation of repeated crimes of the same kind [the scope of recommending area and recommendation] increased area, 1 to 4 years of imprisonment;

2. Determination of sentence: Determination of sentence, in full view of the following circumstances: Imprisonment with prison labor for not less than six months and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case, the sentence shall be

D. Unfavorable circumstances: The defendant committed a crime by assaulting a police officer performing official duties while under influence of alcohol, and the circumstances, details, etc. of the crime.