A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On November 10, 2016, the Defendant was released from the Changwon District Court on July 28, 2017 and the parole period expired on August 28, 2017.

【Criminal Facts】

1. On March 25, 2019, at around 10:58, the Defendant obstructed the victim’s restaurant business by force for approximately 30 minutes, such as:30 minutes of communication, while entering the D restaurant operated by the victim C, and drinking alcohol with E on the ground that E intended his/her parent, and having E talked with a large voice in the restaurant.

2. On March 25, 2019, at around 12:25, the Defendant interfered with the performance of official duties, and at the above restaurant, G et al., a police officer belonging to the Gwangjin-gu Seoul Metropolitan Area F District Group, dispatched after receiving a report of 112, arrested the Defendant as a flagrant offender who interfered with his/her duties, and spit off G with his/her face.

Accordingly, the defendant interfered with legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Investigation report ( telephone conversations with E in company with a suspect);

1. Photographs;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, reporting on the results of confirmation of dispositions and investigation reports (period of repeated crime of a suspect and confirmation of the same kind of records);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).