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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On September 2, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the credit branch of the Suwon District Court on September 2, 2016, and on January 16, 2019, the Defendant was sentenced to two months of imprisonment with prison labor at the Jung-gu District Court for fraud and completed the execution of the sentence on February 18, 2019.
On October 24, 2019, around 11:27, the Defendant: (a) committed assault, such as flabing in front of Magdong Company’s employees, and Magdong Company’s additional cost-related disputes; (b) confirmed four fines on the Defendant; (c) notified the Defendant of the fact that the Defendant was issued a writ of execution; and (d) requested the Defendant to take the Magles Police Station to take the Magles by hand, and flabing flabing flab on the face.
Accordingly, the defendant interfered with legitimate execution of duties for the arrest of the police officer.
Summary of Evidence
1. Partial statement of the defendant;
1. A written statement;
1. Each statement of D;
1. Report of investigation (the period of repeated crime and confirmation of the same record);
1. The inquiry report;
1. Application of Acts and subordinate statutes concerning personal confinement;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. One month to eight months from the scope of recommendations (insignificant in the degree of violence);
2. Determination of sentence of punishment has the same criminal power, repeated crimes, etc. shall be considered disadvantageous circumstances, and the fact that the current state of health seems not good and that the degree of violence seems minor shall be considered as favorable circumstances.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.