A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal records] On December 19, 2014, the Defendant was sentenced to 8 months of imprisonment and 4 months of imprisonment by the Gwangju District Court due to damage to special public goods, etc., and completed the execution of the above punishment on September 15, 2015.

[ 범죄사실] 피고인은 2015. 12. 31. 20:25 경 전 남 영광군 C에 있는 D이 운영하는 당구장에서 행패를 부리던 중 112 신고를 받고 출동한 영광경찰서 E 지구대 소속 경사 F로부터 귀가요구를 받자 “ 야 이 씨 벌 놈들 아, 내가 영광을 접수하면 애들 다 풀어서 가만 안 둔다 ”라고 소리를 지르며 오른발로 위 F의 허벅지 부위를 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning F's suppression of crime prevention.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. The occurrence and arrest report of the case, the list of 112 reported cases, photographs of CCTV images at the site of the case, and video CDs at the site of the case;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (Attachment to previous convictions and copies of judgment, etc.);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under Acts: one month to ten years; and

2. Where the degree of assault (one month to eight months) in the mitigation area (one month to eight months) (special mitigation factors/special aggravation factors) is minor / The same repeated offense of the same kind is minor / The degree of assault is minor.

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable normal condition: The defendant is led to confession, is against himself, and the degree of damage is not severe.

D. Unfavorable circumstances: the Defendant was punished several times for the same crime under the influence of alcohol, and the Defendant committed the instant crime even though he was in the period of repeated crime.