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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 17, 2013, the Defendant sentenced the Incheon District Court to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc., and completed the execution of the sentence on August 1, 2013.
1. On March 3, 2014, the Defendant: (a) arrested a taxi engineer as a flagrant offender at the scene of assaulting at around 00:40, and brought the taxi engineer to the Southern Police Station B box; (b) immediately after the Defendant was instructed by the security guard C of the police box, who was apprehended to flee, that the Defendant would come to a close door from the entrance of the police box; (c) but did not comply with the direction, the Defendant obstructed the police officer’s legitimate execution of duties concerning the arrest and arrest of the police officer, by assaulting the said C, such as having spawd the police box two times in order to keep him/her go back; and (d) having continuously put him
2. Definating;
A. The Defendant, at the same time and place as set forth in paragraph (1) of this Article, took custody of, and waiting for, a guard within a police box, etc., insultd the said D by openly obsesing the said D, such as “A police officer,” in accordance with the principle, and “A police officer,” in the place where a police officer and a taxi engineer E, etc. are viewed as a police officer.
나. 피고인은 2014. 6. 28. 23:04경 인천 남동구 F에 있는 G식당 앞 노상에서, 술에 취한 피고인의 귀가를 종용하는 인천남동경찰서 H지구대 소속 순경 I에게 위 식당 주인 등 다수인이 지켜보는 가운데 “씹새끼야 니얼굴에 오줌을 싸야겠다 씹새끼야, 내가 또 뭘 잘못했냐 씹새끼야”라고 공연히 욕설하여 위 I을 모욕하였다.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement made to C, D, E, and I;
1. Contents of video recording in the box B; and
1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);
1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime
1. Article 35 of the Criminal Act among repeated crimes;
1. The Criminal Act among concurrent crimes.