A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 25, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Daegu District Court resident support on March 9, 2018.

On May 16, 2019, at around 21:21, the Defendant, at the “D” coffee shop operated by Kimcheon-si B, and even after the business hours have expired, he did not leave the coffee shop and was urged by Kimcheon Police Station Emb, etc. to invalid from the police officer F, etc. to whom C’s 112 report was sent to the scene, and continued to take a bath of the above F, who was crypted on the floor at “H” located near the said coffee shop, Kimcheon-si G, Kimcheon-si. The Defendant saw the above F, who was crypted on the floor, and cryed the food and crying the above F, and dump the left side of the said F, and dumped the above F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Photographss, such as mountain bags, and CCTV images images;

1. 112 Reporting case management table;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to inquiry reports, written judgments, investigation reports (attached to personal confinement 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 among repeated offenders;

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [Special Aggravation] - Aggravation factors: Aggravation of repeated crimes of the same kind [the scope of recommending area and the scope of recommending punishment] increased area, 1 to 4 years [no person who has been sentenced to general punishment] increased area.

3. Determination of sentence: A sentence of imprisonment with prison labor for a year and under the influence of alcohol was imposed, but the defendant had a lot of criminal records, especially obstruction of performance of official duties and violent crimes, and was a repeated crime at the time of the instant case.

An ex post facto detention shall be effected.