A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to one year from the Incheon District Court to interfere with the performance of official duties, etc., and completed the execution of the sentence on December 9, 2016.

피고인은 2018. 3. 14. 20:58 경 인천 남동구 C에 있는 ‘D 편의점’ 앞에서 주 취 상태로 인하여 아무런 이유 없이 승차 중이 던 택시 운전사에게 욕설을 하고 시비를 건다는 취지의 112 신고를 받고 출동한 인천 남동경찰서 E 지구대 소속 순경 F( 남, 27세) 이 위와 같이 행패를 부리던 피고인의 행동을 제지하려 하자 위 F에게 “ 야 씨 발 놈 아, 니가 뭔 데 이 개새끼야 ”라고 욕설을 하면서 손에 들고 있던 휴대폰을 그의 몸 쪽을 향해 집어 던지고, 머리에 쓰고 있던 가발을 벗어서 그를 향해 집어 던진 후, 어깨 부분으로 그의 가슴 부분을 밀치고, 발로 그의 배를 1회 걷어찼다.

Accordingly, the Defendant assaulted the above police officers, thereby obstructing the police officers from performing their legitimate duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation during the period of a suspect, repeated crime) statute;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Sentencing (Scope of recommending punishment) and the aggravated area (one year to four years) (a person who has been specially increased) of the aggregate area (one year to four years), which may interfere with the performance of public duties;

2. The defendant who was sentenced to punishment was punished twice by obstructing the execution of official duties;

Nevertheless, it is inevitable to punish the crime of this case again during the period of repeated crime.

However, the degree of interference with the execution of official duties is not relatively much severe, and is engaged in the occupation for more than one year after the completion of the sentence, and is faithfully living without any special problems, and is sentenced to the judgment as ordered by the decision after exceeding the sentencing criteria.