A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 14, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. in the Daegu District Court's Ansan branch on September 21, 2018 and completed the execution of the sentence in a permanent prison on September 21, 2018.

Criminal facts

1. On March 28, 2019, the Defendant committed an obstruction of performance of official duties: (a) the administrative welfare center class VI local social welfare department D (55 years old) of the 'C Administrative Welfare Center', which is a public official, at the 'C Administrative Welfare Center in Seogu-gu, Daegu-gu, Daegu-gu.’ (hereinafter referred to as the 'C Administrative Welfare Center’), stating that the Defendant “I would like to cancel his/her resident registration address; (b) would offer the examination expenses for the Defendant to receive medical treatment at the hospital; and (c) would interfere with his/her legitimate performance of duties regarding civil service affairs by taking into account why D met.

2. The Defendant damaged the property by pushing the fire amounting to KRW 100,000,00 at the market price owned by the victim D in his/her hand on the date, time, place, etc. described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An investigation report (Attachment of 112 reported details), an investigation report (Attachment of a photograph of destruction and damage of property);

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, current status of personal confinement, application of Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) [Obstruction of Performance of Official Duties] Obstruction of Performance of Official Duties / Force of Performance of Official Duties / Where the degree of violence, intimidation, and deceptive scheme is minor, the element of aggravation: The range of aggravation of repeated crimes of the same kind / [the range of recommending area and the range of recommending punishment] mitigation area, one month to eight months [the general person] mitigation element: the penalty is not more severe.