업무방해등
The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for two years from the date of the final judgment.
Punishment of the crime
1. On May 15, 2018, from around 17:00 to 22:00, the Defendant interfered with the business, at the “D” restaurant operated by the victim C (hereinafter “D”), the Defendant, while under the influence of alcohol, told the restaurant customers as a large sound without any particular reason, boomed the restaurant customers with a view to paying a trial fee, and entered the restaurant in the restaurant, and made them out of the restaurant, such as smoking tobacco, etc., and let customers get out of the restaurant.
Ultimately, the Defendant interfered with the victim’s restaurant business by force as above.
2. The defendant has been engaged in obstruction of performance of official duties.
6. At around 18:40, in the vicinity of the above “D” restaurant, a statement to the effect that the police officer F of the Chuncheon Police Station E District sent out after having received 112 a report that he would escape from the disturbance under the influence of alcohol would try to walk the above police officer’s bridge part as he wanted to walk the above police officer’s bridge part while taking a bath to the above police officer, and the police officer was able to walk the above police officer’s bridge part by drinking, and at his hand, the shoulder of the above police officer was cut down one time by hand with the shoulder of the police officer at his seat.
Ultimately, the Defendant interfered with the police officer’s legitimate performance of duties regarding the handling of 112 reports as above.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Each written statement of C;
1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment to a camp and image, etc.);
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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 (Interference with Business) Crimes (Interference with Business) [Type 1] Interference with Business (Special Disturbing Person] (Special Disturbing Person]: The area of recommendation for non-compliance with Punishment (including serious efforts for recovery of damage), and