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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 30, 2016, the Defendant: (a) received a request from the injured party to place an order for drinking alcohol and food at the “D” restaurant operated by the victim C on Pyeongtaek-si B on December 30, 2016; and (b) KRW 25 minutes to receive a request from the injured party to pay KRW 40,000 in advance.
“Along with a large sound, she expressed a public bath and led customers who were in the said restaurant to go.”
Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.
2. At around 23:15 on December 30, 2016, the Defendant interfered with the performance of official duties: (a) “Is the customer’s account and frightion” in the restaurant as indicated in paragraph (1) at around 23:15 on December 30, 2016; (b) “Is the restaurant proprietor, who was dispatched to the restaurant, requested F to prepare a written statement concerning the circumstances of the instant case to the restaurant proprietor.”
“.................. sees the left part of the sale.”
As a result, the defendant assaulted police officers who were performing legitimate duties concerning the processing of 112 reports and criminal investigations, thereby obstructing the execution of official duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Application of C’s written laws and regulations
1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment with prison labor) concerning 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;
1. Application of the sentencing criteria;
(a) Category 1 (Obstruction of Performance of Official Duties - 8) interference with performance of official duties in the mitigated area (i.e., January - August) of Category 1 (Obstruction of Performance of Duties) (ii) interference with performance of official duties;
(b) The scope of final sentence due to the aggravation of multiple offenses: one month - one year;
2. To punish the defendant in excess of the same kind of power and fine; and