A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for assault, etc. at the Seoul Eastern District Court on September 1, 2016, and completed the execution of the sentence at the Seoul East East House on December 27, 2016.

At around 21:00 on October 18, 2019, the Defendant expressed a desire to present his identification card to the Defendant in order to verify the Defendant’s identity by reporting the Defendant’s 112 report to the effect that “C” in front of “C,” located in W in W, Young Police Station E district unit, which was called at the site after having received the Defendant’s 112 report to the effect that “B,” and that “F, who was a police officer belonging to W, was dispatched to the site, demanded the Defendant to present his identification card.” On the other hand, the Defendant expressed a desire to the effect that “I am for a repeated offense, and I am for a few ages of age, I am for drinking by taking his resident registration certificate.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Obstruction of performance of official duties CDs;

1. 112 reported case handling table;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of repeated records of a suspect), judgment, etc., and application of Acts and subordinate statutes on the personal accommodation status;

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 for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: A defendant who has been sentenced to several times of punishment for violent crimes (one time of actual punishment, two times of suspended execution, etc.) by assault, bodily injury, damage, etc. in the past and four months of imprisonment with prison labor for the purpose of assault, damage to property, etc. shall be released from prison labor for four months.