Text
A defendant shall be punished by imprisonment for four months.
Reasons
Criminal facts
On July 12, 2012, the Defendant sentenced the Changwon District Court to one year for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Changwon Prison on April 23, 2013.
Around 23:50 on February 21, 2015, the Defendant arrested the Defendant as a flagrant offender of an assault from the police officer E belonging to the Changbu Police Station D District Unit of the Changbu Police Station, which called out after receiving a report that the Defendant obstructed the vehicle and assaulted the driver, against this, the Defendant resisted the back of the patrol vehicle, and damaged the public object so that approximately KRW 565,871 won of the repair cost would be displayed on several occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Written estimate;
1. Photographs;
1. The application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;
1. Article 141 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. The following circumstances were taken into account in determining the sentence, such as the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes:
- Basic matters: The details and methods of committing the crime, the scale of damage, etc. - Unfavorable circumstances: The fact that the punishment was imposed for committing violent crimes, etc., and the punishment was imposed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and several times during the period of the repeated crime, and the fact that the crime in this case led to the crime in this case - A favorable normal