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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 16, 2016, the defendant was sentenced by the Incheon District Court to imprisonment with prison labor for the obstruction of performance of official duties and two years of suspended execution and is currently under suspended execution.
1. On August 28, 2016, at around 00:30 on August 28, 2016, the Defendant obstructed the Defendant’s business operation of the taxi by force, namely, the victim D (the age of 61) parked on the home flusing road located in front of the home flusium in Incheon, Seo-gu, Seo-gu, Incheon, and obstructed the Defendant’s operation of the taxi for about 30 minutes by force, such as the victim’s desire to pay the taxi fee to the Defendant, and the victim flusing the flusium, and the victim flusing the flusium reported to the police, and the victim flusing the flusium reported to the police.
2. On August 28, 2016, at the same time and at the same place as Paragraph 1, around 01:0, the Defendant: (a) left the bar of the police officer belonging to the F District of the Incheon Western Police Station, who was called out after having received D’s 112 report, and solicited the Defendant to pay the taxi fee and return home to the Defendant; and (b) the Defendant Dack of the above G, “I am out of the governance, I am out of the police officer, and I am in the police officer’s place of residence, I am out of the bar, and assaulted the Defendant when I am back of the face of the above G with his left hand only once.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to D and G;
1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Determination as to the assertion of mental or physical disorder under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminal offenders is based on brain diseases, etc. at the time of the instant crime.