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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On February 12, 2017, the Defendant: (a) obstructed the victim’s convenience store business by force for about 20 minutes by allowing the victim to get out of or not to get out of the customers at the convenience store of the victim C (57) located in Gyeyang-gu, Seoyang-gu; and (b) preventing them from getting out of the customers at the convenience store of the victim C (57).
2. The Defendant interfered with the performance of official duties by avoiding disturbance, as described in paragraph 1, and sent the disturbance to the site by the report of the above C by F, etc., other than F, and one person, who belongs to the Goyang Police Station E box, was asked by F, but continued to spit down the floor on the floor, while questioning of the circumstances of the incident from F.
C. The expression of “C. .....” was expressed, and the Defendant was arrested as a flagrant offender by avoiding disturbance.
At around 22:50 on the same day, the Defendant was involved in the conduct from the above police in front of the above convenience store, and was asked from the Inspector F, and was under questioning from him, “I am feasia” and francing F with a f.m., f., and f.
As a result, the defendant interfered with legitimate execution of duties concerning the arrest of police officers and suppression of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and F;
1. Application of Acts and subordinate statutes governing field CCTV images;
1. Relevant Article 136 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties) and 314 (1) (the point of obstructing the performance of official duties) of the Criminal Act, and the selection of imprisonment with prison labor for the crime;
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 stay of execution (the fact that the defendant is led to confession and reflects on his gender, the circumstances leading to the crime of this case, the degree of damage, the age of the defendant, sexual conduct, environment, etc.);