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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 3, 2012, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 3, 2012 and completed the execution of the sentence at the original prison on October 12, 2015.
The Defendant, around 02:15 on January 20, 2016, at the “D” restaurant located in Songpa-gu Seoul Metropolitan Government, expressed a desire for the above restaurant operators E and their customers, and expressed a disturbance to F, who is recommended to return home from F, the police officer of the dispatching Police Station, who was dispatched to the site due to the report of 112, sent the disturbance to the scene, and then sent to F, “Chewing f, dead and discarded.”
Police booms: (a) with a large sound called “Isk, Isked, Isked, Isked,” and assaulted, such as booming a drinking, bating a bat, cutting down a bat, and cutting down a bat, etc. of F.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. A written statement of E and G preparation;
1. He/she shall work for the H District Service and a list of reported cases;
1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on criminal investigation (verification of repeated crimes and attachment of the relevant judgment), and current status of confinement of individuals;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The basic area of Article 35 of the Criminal Act for the first type (Interference with the performance of official duties and coercion of duties) [decision of sentence] / The crime of this case is committed in a contingent manner by drinking alcohol (not recognized as loss of mental or physical disorder or mental disorder). Even if considering all the circumstances such as the defendant's poor environment, etc., the defendant already committed a crime of the same kind, even though the defendant had not been released from his office, it again led to the crime of this case, even though he had not been released from his office, and there are many criminal records.