A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On August 4, 2005, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties or for damage to public goods at the Seoul Central District Court on the grounds of obstruction of performance of duties, and on October 20, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Punishment of Violences, etc. Act (joint assault), obstruction of performance of official duties, or a crime of insult in the support of the Daejeon District Court on the 2010s. On July 30, 2013, the Seoul Central District Court sentenced the Defendant to eight months of imprisonment with prison labor for obstruction of performance of official duties, insult, or violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Central District Court on the grounds

2. 범죄사실 피고인은 2015. 10. 29. 03:00경 서울 서초구 C에 있는 D편의점 앞 노상에서 피고인이 위 편의점 종업원 E을 폭행하였다는 112신고를 받고 출동한 서초경찰서 F파출소 소속 경사 G 등으로부터 사건 경위를 확인받자 출동한 경찰관들을 향해 큰소리로 "짭새 새끼들아, 야 개새끼들아, 내가 너희들 다 죽여버린다, 맞짱뜨면 다 죽일 수 있다."라고 욕설을 하고, 이를 제지하는 경사 G의 왼쪽 얼굴 부위를 손으로 1회 때리는 등 폭행하여 질서유지에 관한 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Each E statement;

1. Notification to the department related to the report of 112 cases each (19 pages, 20 pages of investigation records);

1. Before judgment: Application of criminal records, investigation reports (reports on the records of the obstruction of performance of official duties of suspects and the period of repeated crimes), and the current status of confinement/taking by individuals;

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] Where the degree of violence, intimidation, and deceptive scheme is minor, the area of mitigation (one month to eight months) (special mitigation) of the area of mitigation (one month to one month) of the Criminal Code (special mitigation) / the same repeated crime of the same kind (decision of sentence].