Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
1. Around 02:05 on May 19, 2018, the Defendant tried to board a taxi operated by the victim D (year 59) on the front side of the “C” in Yongsan-gu Seoul, Yongsan-gu, Seoul. However, on the ground that the victim said that he was a scheduled taxi, the Defendant assaulted the victim’s breast part of his head by putting the victim’s head head debt over several times by hand and walking the victim’s hair at one time.
2. On May 19, 2018, the Defendant was arrested as a flagrant offender on the grounds of the facts indicated in paragraph (1), and was waiting at the Seoul Yongsan-gu Seoul Yongsan-gu Police Station Fabstation in Yongsan-gu, Seoul, the Defendant obstructed the Defendant’s legitimate execution of duties concerning the maintenance of order in the police box, at the price of knee, at one time under the right side of G, when the police officer assigned to the police box concerned restrains the Defendant, and obstructed the Defendant’s lawful performance of duties concerning the maintenance of order in the police box.
Summary of Evidence
1. Each police officer's statement about D and G;
1. 112 Reporting case handling table;
1. Two copies of a photograph of the upper part of the police officer G;
1. Application of Acts and subordinate statutes to a report on investigation (finding on the face of violence by police officers, etc.);
1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes: Reasons for sentencing (to the extent that the punishment is aggravated by concurrent crimes with the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 (the punishment shall be aggravated by adding up the long-term punishment of two crimes) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not more than seven years;
2. Application of the sentencing criteria;
A. Basic Crimes - No one type of the obstruction of the performance of official duties (the determination of the type of the obstruction of the performance of official duties) (the scope of recommendations and recommendations), the basic area of the crime, six months to one year and six months.
(b) Concurrent Crimes - Crimes of Violence [Determination of Punishment] There are no types of assault crimes (general assault) (special violence) [the scope of recommending and recommending persons] (the scope of recommending areas and recommending persons] basic areas, two months to October.