A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On March 23, 2017, the Defendant was sentenced to five months of imprisonment with prison labor for an injury at the Seoul Northern District Court on June 11, 2017, and the execution of the sentence was terminated at the female prison on June 11, 2017. On August 9, 2018, the Daejeon District Court sentenced six months of imprisonment with prison labor for an assault and became final and conclusive on August 17, 2018.

[Criminal facts]

1. On August 26, 2017, the Defendant: (a) sustained an injury on the part of the victim P(63 years) who was seated in a place of Chuncheon-ro 1, Chuncheon-ro peace on August 26, 2017 without any justifiable reason; and (b) sustained an injury on the part of the victim, with walking the victim’s left side gate, such as the heading of the unit, the head of the Gu, and the head of the Si/Gun/Gu, for about four weeks of treatment.

2. Around August 26, 2017, the Defendant obstructed the performance of official duties, at the office located in the Chuncheon Police Station around 21:05, the Defendant: (a) committed an assault against the Defendant who is suffering from disturbance in the circumstances belonging to Q District of the Chuncheon Police Station that was called out after receiving the said 112 report on the said injury; (b) one time as a drinking part of R, and (c) five times as a drinking part of R, while walking the upper part of Q District at around 112.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement made by the police against R;

1. Each statement of S, P and T;

1. A damaged photograph, on-site photograph, and a death diagnosis report;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (prior convictions for repeated crimes), text of judgment, and application of Acts and subordinate statutes regarding search of consolidated cases;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have the record of being punished several times for violent crimes, and the period of repeated crimes is being period for repeated crimes, and the crime of this case is committed in fear of being injured by the victim without any particular reason.