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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 17, 2012, the defendant was sentenced by the Incheon District Court to 8 months of imprisonment for the obstruction of performance of official duties or 3 years of suspended execution, and the judgment became final and conclusive on December 25, 2012, and is currently under the grace period.
On December 21, 2012, the Defendant issued a summary order of 1,500,000 won by a fine for insult against a police officer at the Incheon District Court on January 21, 2013, and served a summary order on January 21, 2013, the Defendant: (a) carried the police officer’s anhymnasium; (b) carried the police officer’s phone at the Dong-gu Incheon Metropolitan City District Branch from January 20:30 on January 21, 2013 to 21:30; (c) sent the phone to the police officer; (d) sent the door to the police officer, who was sent to the site after receiving a report of a assault case from the alcohol house; and (d) taken a measure for returning home on the same day.
On January 21, 2013, at around 23:47, the Defendant: (a) received 112 report that the Defendant would have a head on the rear wheels of the vehicle parked under the influence of alcohol in front of the Dong-gu Incheon Metropolitan City; and (b) demanded the Defendant to return home on the road from the Defendant’s slope E and policeman F belonging to the above C District to the Defendant, “I want to get home on the road. I want to do so, but the police would have no superior, and if I want to get home on the road, I interfere with the Defendant’s legitimate execution of duties concerning the public safety and maintenance of order of the police officer, by assaulting the Defendant’s left part of the vehicle in front of the Dong-gu Incheon Metropolitan City Dat.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. Investigation report (12 pages of investigation records);
1. Previous convictions in judgment: Criminal records, investigation reports, and application of a copy of judgment;
1. Article 136(1) of the Criminal Act concerning criminal facts: The defendant asserts that he/she was in a state of mental disorder or mental retardation under the influence of alcohol at the time of committing the instant crime. The record reveals that the defendant was in a state of mental disorder or mental retardation.