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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On November 15, 2014, at around 22:50, the Defendant found the taxi engineer and the trial expenses in the zone D zone located in Won-si, Won-si, and demanded E to enter his/her free will as soon as possible after the end of the taxi engineer and the trial expenses, but the above E calls for a disturbance to the purport that “the taxi engineer was not punished because he/she went home because he/she was unable to do so,” and “I would like to punish him/her if he/she goes home as law, she would be punished,” and “I would not punish him/her if he/she goes home, she would be punished for him/her,” and the Defendant assaulted the above E by pushing him/her with the body of the above E, sealed him/her, and with his/her left hand.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers on global situation service.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. The reason for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act [Determination of the type of obstruction of performance of official duties] The basic area [decision of the sphere of recommendation] / [Scope of punishment ] six months to one year: statutory punishment of Article 136(1) of the Criminal Act : (a) one month to five years’s suspension of execution / [decision of the sentence] - On the other hand, there are two or more times’s past records of crimes (decision of the sentence): The five or more times’s past records of criminal punishment as well as the records of the sentence of the suspension of execution of imprisonment for the same criminal offense (in particular, around September, 201, the defendant has been sentenced to a fine as a crime of obstruction of official duties). The crime of obstruction of official duties needs to be strictly punished as a crime prejudicial to the function of the State by nullifying the legitimate exercise of public authority, considering the circumstances and attitudes of the crime in this case, and the circumstances and attitude of the defendant's punishment.