Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to five years of imprisonment with prison labor for rape, etc. at the Jung-gu District Court on July 22, 201 and completed the execution of the sentence on October 11, 2015, and was sentenced to two years of suspension of execution on July 14, 201 to six months of imprisonment with prison labor for a violation of road traffic law at the Suwon District Court Pyeongtaek District Court on July 14, 2016, and is currently under suspension of execution.
[2] Around 02:55 on January 19, 2017, the Defendant: (a) filed a report at the location of the business owner in an excessive claim after drinking alcohol on the ground that he/she had been on the ground of an excessive claim for the drinking value; and (b) sent the case to the border F of the E District of the Ansan Police Station, where he/she was under confirmation of the circumstances of the case, he/she expressed his/her desire to “I am on drinking fe, low interest, few few few few few few few few few few few few few few few few few few few few f
Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. G statements;
1. Previous convictions indicated in the judgment: The police suspect interrogation protocol (including the results of the search of additional inmates), inquiry about criminal history, investigation report (the confirmation of previous convictions such as suspended execution), and application of the statutes of the judgment;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes (within the scope of the recommended sentencing criteria);
1. Application of the sentencing criteria [Scope of the recommended punishment] Obstruction of performance of official duties and coercion of duties (Class 1)
2. The Defendant, who was sentenced to sentence, committed the instant crime without being aware of not only during the period of repeated crime due to rape, injury, etc., but also during the period of probation due to a violation of the Road Traffic Act.
In addition, the defendant is punished several times in relation to violence and drinking.