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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 14, 2016, the Defendant: (a) around 02:00, at the “E restaurant” operated by the victim D (n, 57 years of age) located in Pyeongtaek-si C; (b) without any reason, without the influence of alcohol, the Defendant expressed a large amount of music to the other customers who had been a meal at the said restaurant; and (c) made it impossible for other customers to enter the said restaurant by avoiding a disturbance between about 30 minutes of music with a large voice.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant obstructed the performance of official duties at the place as stated in the above Paragraph 1, and at the time and place as stated in the above Paragraph 1, and at the police station of Pyeongtaek-gu Police Station, who was dispatched to the site upon receipt of a report from the police officer G, the police officer belonging to the F District Police Station, who was asked questions concerning the circumstances of the instant case, assaulted the said G by: (a) stating that “heats, sarblings, and sarblings” was “one time the left chest of G on one drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police in relation to G of the police;

1. Each statement of H and victim D;

1. Application of each statute on photographs;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts, the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Determination of types - Interference with the execution of official duties: Class 1 among crimes obstructing the performance of official duties - Interference with the performance of duties: Interference with duties;

1. Special sentencing factors - No interference with the performance of official duties: No interference with the performance of official duties - No person shall be punished;

1. Scope of recommendations - Obstruction of execution of official duties: Six months through one year and four months (the basic area of Type 1) - Obstruction of performance of duties: Imprisonment with prison labor for not more than eight months (the mitigated area);