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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of two years on December 16, 2016 to six months of imprisonment with prison labor for a special injury in the Seosan Branch of the Daejeon District Court on December 16, 2016, and the said judgment became final and conclusive on the 24th of the same month, and used violence in addition to the current suspended sentence period, at least
[Around 15:00 on March 2, 2017, the Defendant, at the D community service center located in Yeongdeungpo-gu Seoul Metropolitan Government, expressed a public official in charge of social welfare to E, who is unable to receive an application because he/she does not meet the basic recipient qualification requirements. The Defendant was requested by F, the head of the administrative team, to refrain from taking a bath due to the disturbance of civil service duties, etc., and he/she was sleeped with the F’s face face part by drinking, with his/her left hand, and assaulted E, who continued to stop his/her bath, and assaulted the Defendant when he/she took a bath to drink once.
Accordingly, the defendant interfered with the legitimate execution of duties concerning civil petitions by public officials.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of F and G;
1. F damaged photographs and G damaged photographs;
1. Investigation report (to hear statements from the victim F);
1. A criminal investigation report (Analysis of field reports and CCTV video data);
1. A photograph of a CCTV image data closure;
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (Attachment of the same criminal suspect's previous records, etc.), and the application of the provisions of the statutes of the judgment;
1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;
1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) that interferes with the performance of official duties, the basic area (from June to one year and four months) (a person who is subject to special sentencing] of the sentencing criteria;
2. Determination of sentence: The defendant in August of imprisonment is against the defendant, the fact that the victim F and G agree with him, and the fact that the present state of health is not good is a favorable sentencing factor.
On the other hand, it is the same kind of probation.