A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Punishment of the crime

[criminal power] On October 20, 2017, the Defendant was sentenced by the Seoul Western District Court to a suspended sentence of two years for the crime of interference with business and violence. The judgment became final and conclusive on October 28, 2017, and is currently under the suspended sentence.

【Criminal Facts】

The Defendant is a passenger boarding Csi in front of the Eunpyeong-gu Seoul Metropolitan Council, D (48 years old), a driver of the foregoing taxi, and E is a police officer belonging to the Seoul Seodaemun Police Station.

On January 8, 2019, at around 21:10, the Defendant: (a) expressed an identification card by the police officer E at the police box of the Seoul Seodaemun-gu Seoul Western Police Station, who was dispatched after receiving a report of 112 damage to D’s assault in front of Seodaemun-gu Seoul, and demanded to present and lower the identification card; (b) “the bitch bitch bitch”, “the bitch bitch bitch,” and “the franch franch”; and (c) together, the police officer sent out sold one time the part of the E’s left buck buckbbbbbs as the Defendant avoided.

Accordingly, the Defendant assaulted a police officer as above and interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions indicated in judgment: Investigation report (verification of the facts of crimes during the same criminal records and suspended execution period), and application of criminal records-related statutes;

1. Reasons for sentencing of imprisonment with prison labor, Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the choice of the relevant criminal facts;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties (category 1] (the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. The Defendant committed the instant crime even during the period of the suspension of execution of the same kind of crime as the sentence is determined, and the Defendant committed the instant crime on November 13, 2015, with the exception of the previous conviction, the obstruction of performance of official duties on November 13, 2015, a fine of three million won due to fraud, assault by a taxi engineer on July 12, 2017, and by fraud.