A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 17, 2011, the Defendant sentenced the Seoul High Court to two years and six months of imprisonment for the crime of the Act on the Control of Narcotics, Etc., and completed the execution of the above sentence on July 28, 2013.

On June 25, 2015, around 09:45, the Defendant got instructions from the correctional officer D belonging to the above detention house that was in charge of the safe guard duty due to the replacement of the external workers' room in Incheon detention center C, which was 30 times from the school interest station in Nam-gu Incheon Metropolitan City.

The Defendant, upon receiving the direction that the prisoner E, who was in line with the above D, did not follow the direction that he would sit, and caused the disturbance to be removed from the above D, went away from the above D when he left the chemical door rapidly, and subsequently, the Defendant assaulted the above D, such as “I would like to see. I would like to do so,” “I would like to see. I will do so,” “I would like to see the balth of the above D with the left hand, and then, I would like to see the balth of the working clothes on which the said D was worn, by having the said D once pushed the said D on one hand.

As a result, the defendant interfered with the legitimate execution of duties of prison officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to F, G, and H;

1. A working report on workers;

1. A report on investigation (victim's photograph);

1. Previous records: Application of inquiry results and investigation reports (verification during the period of repeated offense) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. The facts that the Defendant recognized the instant crime and reflected the sentence are favorable, and the instant crime is committed by assault, such as protesting against the direction of a prison officer, breathing, etc., and the nature of the relevant crime is not good, and the repeated crime is being committed at a disadvantage.