A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On July 5, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court on July 16, 2018, and the judgment became final and conclusive on October 25, 2018 after the execution of the sentence was completed.

【Criminal Facts】

On April 1, 2019, at around 23:15, the Defendant: (a) committed assault, on his body, such as: (b) “Absing off the chest part of the said D’s chest part,” and (c) “Absing off the chest part of the said D’s chest part of the said D’s chest part by hand, on the part of the Defendant, when: (a) the police box affiliated with the Busan Police Station C commander of the Busan Police Station, called “Absing off the taxi,” upon receiving a 112 report and demanding the taxi to pay the taxi fee and return home; and (b) “Absing off the taxi part of the said D’s chest part”.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A photograph by cutting a fympic image CD or fympic image;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of records, etc. of the same kind of punishment of a suspect), the status of confinement by individuals, previous dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Although the degree of assault and assault against the decision-making sentence is not limited, considering the fact that the defendant has been sentenced several times to criminal punishment for violent crimes, has the record of being sentenced to a fine twice as an obstruction of performance of official duties, and that the defendant committed the instant crime during the period of repeated crimes, it is inevitable to sentence the defendant to be sentenced.

The sentencing factors in favor of the defendant are considered as a favorable sentencing factors.