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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On December 6, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for the principal building and fire prevention at the Daegu District Court on December 6, 2013 and the judgment became final and conclusive on December 14, 2013.
1. On June 23, 2015, at around 01:45, the Defendant: (a) expressed that “A police sknee and knee, knee and knee, knee, knee, f, f, f, and f, f, f, etc., of the Daegu Southern Police Station E zone, called “A, f, f, f, f, f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.
2. At around 02:52 on the same day as mentioned in paragraph (1), the Defendant assaulted the criminal division office of the Daegu Southern Police Station, from the above Inspector F and Assistant G to arrest and conduct a flagrant, and requested the signature and seal on the letter of arrest of the flagrant offender, etc. one time, and obstructed the police officer’s legitimate execution of duties regarding the investigation of the instant case.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and F;
1. A case of obstruction of the performance of official duties, a report on arrest of a flagrant offender, or a copy of the working place;
1. Previous records of judgment: Criminal history records, investigation reports (verification of the same type of power and the fact that the period of suspension of execution is in progress), copies of judgment, and the application of Acts and subordinate statutes concerning outputs of case summary information;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;
1. Scope of recommended sentences according to the sentencing criteria;
A. Type 1 (Scope of Recommendation) of the Act on the Performance of Official Duties (Obstruction of Performance of Official Duties) is aggravated (one year to four years) (Specially under way).