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

Punishment of the crime

[criminal records] The defendant was sentenced to 8 months of imprisonment, 2 years of suspended execution, and 160 hours of community service order on July 23, 2015 by interfering with his/her duties at the Suwon method Board, and the judgment becomes final and conclusive on December 10, 2015, and is currently under suspended execution.

[Criminal facts]

1. On July 9, 2016, the Defendant: (a) around 03:40 on July 9, 2016, at the E convenience store operated by the victim D, which is in a sacriffed C in the Sungnam-si branch; (b) under the influence of alcohol, the Defendant: (c) had the employees F of the place where the Defendant had no sacriff; (d) continued to cause a large amount of noise; and (e) had approximately 30 minutes of disturbance, such as giving a large amount of noise to other customers; and (e) had them out of the convenience store where the name in the place is unknown.

Accordingly, the Defendant interfered with the victim's convenience store business by force.

2. The Defendant obstructed the performance of official duties, at the same date and time as indicated in paragraph 1, and at the same place as indicated in paragraph 1, and committed assault, such as: (a) the victim security guards belonging to the G police box of the branch police station, and (b) the victim’s Hab, without complying with the request to return home from the victim I; and (c) the victim’s Habbbb by hand; and (d) the victim I’s bat with his left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Video CDs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act concerning the punishment of concurrent crimes and Article 1 (Interference with Duties) of the grounds for sentencing of Article 50, the basic area of crimes (in the case of interference with duties) (6 months to 1 year and 6 months) (in the case of interference with duties), which has no person subject to special sentencing [the scope of recommended punishment], the basic area of crimes (in the case of interference with performance of duties) 2 (in the case of interference with performance of duties) / The scope of recommended punishment / The basic area of crimes (in the case of 6 months to 1 year and 4 months).