A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On March 9, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a special intimidation at the Seoul Southern District Court, and was released by the cancellation of detention at the Seoul Southern District Court on May 27, 2016, which was pending in the appellate trial. On June 3, 2016, the above judgment became final and conclusive, and the execution of the sentence was terminated.

[2] On April 29, 2018, around 11:30 on April 29, 2018, the Defendant assaulted a police officer, who was in possession of a police officer slope AC police box belonging to the police station, on the ground that he/she had solicited him/her to return home, on the roads of AB located in Jongno-gu Seoul Metropolitan Government AB, after receiving a report from 112 that the Defendant would escape from disturbance.

As a result, the Defendant assaulted police officers in charge of reporting 112 on the prevention, suppression, and control of crimes, and obstructed their legitimate execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with AD (police officers);

1. Scenic photographs of the victim;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The Defendant, who was sentenced to a special crime of intimidation (a threat to the subway security officers) and released from the prison after the prison prison, and without being aware of the fact, committed the instant crime without being aware of the fact during the period of a repeated crime. The Defendant committed a crime related to violence and committed a second offense without improving the character and conduct even though criminal punishment was imposed several times.

The crime of this case is not a crime that interferes with the execution of duties by assaulting a police officer dispatched after receiving a report 112.

As such, the defendant is sentenced to punishment due to the above unfavorable circumstances.