A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On May 11, 2018, the Defendant was sentenced to imprisonment for two years (five years of suspended sentence) with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) by the Chuncheon District Court, and its judgment was finalized on May 19, 2018, and is currently in the grace period.

【Criminal Facts】

On January 18, 2020, at around 03:40, the Defendant was unable to get a disturbance in the C cafeteria located in Gangwon-si B, Gangwon-si, and the circumstances leading up to the D District Department of the Chuncheon Police Station called upon receipt of a report by the principal of the cafeteria, which led the Defendant to the front of the F Apartment-dong building, which is the Defendant’s residence.

On January 18, 2020, the Defendant refused to return home in front of the above apartment Gdong building, obstructed the patrol car in front of the above apartment building, and took a bath to the above E, and used the above E as a public official to perform police duties such as maintaining public peace and order by putting the clothes of the above E in his hand and putting him back once on the part of drinking, on the ground that the above E prevents the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. 112. List of reported cases;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months.

3. Determination of sentence: 8 months of imprisonment (the degree of the assault of this case, the violence of this case, and the majority of criminal records before the obstruction of performance of official duties);