공무집행방해등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 6, 2014, from around 21:30 to 22:45 of the same day, the Defendant interfered with the business of the victim’s entertainment tavern business by force for about 15 minutes and about 15 minutes and over a hours and 15 minutes by exposing booming the table table, walking the booms, etc. from the 2nd unit of the E main shop operated by the victim D (n, 55 years of age) in the East Sea, thereby damaging the floor by exposing the table table, which was located therein, and harming the victim’s entertainment tavern business.
2. On October 6, 2014, the Defendant obstructed performance of official duties, at the same place, at around 22:45, the victim G (the age of 45) who was dispatched to the site after receiving a report from the victim that interfered with entertainment drinking house business as seen above, sent the victim G (the age of 45) belonging to the F District of the East Sea Police Station in the East Sea Police Station, saying, “I see that the pit shall be dead, and the pit shall be promptly pit,” and the above G’s right course of the G is walking up twice, and the Defendant obstructed the police officer’s legitimate performance of duties by gathering the clobbbb’s chest on the table.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and D;
1. Application of statutes on photographs of damage;
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order include the defendant's erroneous recognition of his/her misconduct and is divided, the victim D agreed with the victim's G, and the fact that there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish favorable circumstances, such as the deposit of one million won for the victim police officers G, and to eradicate the light of public authority. The sentencing guidelines are based on a comprehensive consideration of various circumstances, including the defendant's age, character and conduct, family relationship, the circumstances leading to the instant crime, and the future progress, etc.