A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Justice] On January 16, 2014, the Defendant was sentenced to imprisonment for one year and six months with prison labor for the obstruction of performance of official duties, etc. at the port branch of the Daegu District Court, and completed the execution of the sentence on May 10, 2015.

【Criminal Facts】

On August 15, 2016, between 04:00 and 05:00, the Defendant was unable to avoid disturbance, such as taking a taxi in the vicinity of the PosibC building located in the area of the Posidong-gu, Nam-gu, 421 (Spocheon-dong), and thus, the Defendant was able to request the assistance of the police officer by arriving at the D Boxes of the Posib Police Station located in the north-gu, Posidong-gu, Pohang-gu, and requesting the assistance of the police officer.

피고인은 같은 날 05:35경 D파출소에서 파출소 소속 경찰관인 E 경위로부터 택시기사에게 행패를 부리지 말고 귀가할 것을 요구받자 "짭새 새끼들 다 죽이 뿐다, 개새끼들아, 양아치 십새끼야 함 싸워보자, 눈 까리 뽑아 버린다 개새끼야!"라고 욕설하고, 손바닥으로 경찰관 얼굴 부위를 1회 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each investigation report (related to the attachment of a photograph of the head of the police station to the head of the police station and a video CD; related to attaching a copy of a police box to the police station);

1. Previous convictions in judgment: Application of inquiries, such as criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is that the area of aggravation (one year or four years of imprisonment) of the obstruction of performance of official duties (one year or four years of imprisonment), the same repeated crime [a person under special circumstance] of the same type of repeated crime [a sentence] recognized by the defendant as committing a crime, and it is against the wrong act.

However, the crime of this case constitutes a same type of repeated crime, and is sentenced to two times a suspended sentence and one time a suspended sentence due to obstruction of performance of official duties.