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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Justice] On April 21, 2006, the Defendant received a summary order of KRW 2 million due to the obstruction of performance of official duties, etc. from the Changwon District Court, and on December 21, 2009, the same court was sentenced to a fine of KRW 9 million due to the same crime, etc., and on December 21, 2009, up to 22 times a criminal record of violent crimes such as assault and bodily injury, etc., and on December 13, 2012, the same court sentenced ten months to imprisonment for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and completed the execution of the sentence in the Busan Correctional Institution on August 9, 2013.
【Criminal Facts】
On April 5, 2014, at around 23:20, the Defendant was drunk in front of the D cafeteria located in Kimhae-si, Kim Jong-si, and the Defendant expressed a bath to F, i.e., “F. bitch f, f. bitch f. f. f. f. f. f. f. f. f. f. c. f. f. c. f. f. f. f. c. f. f. f. f. f. f. f. f. f.
Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.
Summary of Evidence
1. Defendant's legal statement;
1. No. 1 list of evidence submitted by the prosecutor;
1. Before judgment: Application of the above evidence list Nos. 3, 5, and 6;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] Article 35 of the Criminal Act: (a) there is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] (decision of a special appearance) and reflects the confessions; (b) there is a favorable reason that the defendant was under the influence of alcohol at the time of committing the crime; and (c) the defendant has already been punished two times for the same crime and has already been punished two times for the same crime and has committed the crime of this case during the period of repeated offense