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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 13, 2015, the Defendant was sentenced to imprisonment for one year and eight months in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court on August 13, 2015, and completed the execution of the sentence on November 21, 2016.
On July 29, 2018, around 21:45, the Defendant was arrested as an offender in the act of committing an act of committing an act of violence against his mother in front of his own residence located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, upon receiving a report of assaulting his mother, from the 1-dong Seoul Special Police Agency D (36 years of age) affiliated with the 1-dong Seoul Special Police Agency, which was called the Defendant, and the Defendant was arrested as an offender in the act of committing an act of committing an act of violence against his mother, and the Defendant was issued a parts of the Doma by head D.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of order.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (in the event of the obstruction of performance of official duties) shall be the category 1 (in the event of the obstruction of official duties).
2. After the completion of the sentence, the Defendant made efforts to change the type of sentence by complying with the driver’s license and driver’s license after the completion of the sentence.
It shows the attitude of confession and reflection of crimes.
However, the degree of interference with the use of violence and the performance of official duties is not weak.
Even after the arrest of the police officer in the act of committing an act of committing an offense, there was no good attitude, such as taking a bath for the police officer, intending to see or commit himself.
There are many criminal penalties for the defendant, such as imprisonment four times and fine two times due to the crime of obstruction of performance of official duties, and violence tendency is different in light of criminal records.
Defendant committed the instant crime during the period of repeated crime.
The above circumstances are as follows.