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

Punishment of the crime

[criminal power] On November 25, 2016, the Defendant was sentenced to a suspended sentence of one year for special injury by the Seoul Southern District Court, and on November 21, 2017, the Defendant was sentenced to four months of imprisonment for obstruction of performance of official duties by the Seoul Southern District Court, which became final and conclusive on January 23, 2018, and the said suspended sentence was invalidated upon the final judgment, and on October 26, 2018, the period of parole was expired on February 4, 2019.

【Criminal Facts】

On August 28, 2019, at around 17:30 on August 28, 2019, the Defendant avoided disturbance, such as drinking while drinking in front of the Defendant’s residence located in Yeongdeungpo-gu Seoul, and as a result, the Defendant issued a written notification under the Punishment of Minor Offenses Act to the Defendant on the ground of the continuous disturbance of drinking stations from the past, when the police officer belonging to the Yeongdeungpo-gu Police Station C District Station called to the site after receiving 112 report by the neighboring resident, “A person who is suffering from drinking,” and issued a notification disposition under the Punishment of Minor Offenses Act to the Defendant on the ground of the continuous disturbance of drinking stations from the past, the Defendant got out five times away from the left end of the said D, with plal and plal up the left hand of the said D, and received three times the parts of the above D’s left chest by plal and head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers and public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. E statements;

1. A report on investigation, a notice disposition form, a photograph of victim D damaged parts, a criminal investigation report (related to field CCTV images), a field CD, a criminal investigation report (related to attachment to 112 reported cases), and a report on the preparation of a record form;

1. Previous records of judgment: Application of criminal records, inquiry reports (related to attachment of results of the confinement of prisoners, repeated crimes, and reports on confirmation of the same kind of power) and 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 punishment according to the sentencing guidelines [the type of obstruction of performance of official duties]. The obstruction of performance of official duties (the type 1].