A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 17, 2016, the Defendant was sentenced to six months of imprisonment by the Eastern District Court due to interference with the performance of official duties, etc., and completed the execution of the said sentence at the Gansung Vocational Training Institution on May 14, 2017.

[Criminal facts] Around June 27, 2018, the Defendant 23:15, sent a sound to many unspecified people before Gwangjin-gu Seoul Special Metropolitan City, to the public.

Accordingly, the police officer E and police officer assigned to the Seoul Mine Police Station D police station, who was called upon 112 report, asked the defendant about his personal information of the defendant and the defendant and solicits him to return home, and the defendant sent the F's face one time by pushing the F's chest with his hand.

As a result, the Defendant assaulted F who is a police official, thereby obstructing the police officer's legitimate execution of duties concerning the handling of reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A investigation report (CCTV image data);

1. The 112 reported case handling table; and

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of such criminal history and repeated crime period);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant in the area of mitigation (one month to eight months) (person subject to special mitigation) within the area of reduction (referring to a person subject to special mitigation) of Category 1 (Obstruction of Performance of Public Duties and Forced Performance of Duties) and the scope of suspension of execution of public duties (referring to a person subject to special aggravation) of the sentencing guidelines, the person subject to special aggravated punishment;

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

Although the defendant had been sentenced three times to the crime of this case during the same repeated crime period even though he had been sentenced to three times due to the obstruction of the performance of official duties, the degree of assault against the police officer is minor, the depth is against the elderly.