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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 16:44, July 24, 2016, the Defendant: (a) 112 reported that the Defendant under the influence of alcohol at the “C” restaurant located in Yangyang-gun, Yangyang-gun, Seoyangyang-gun, and sent to the site, the security guard E of the Seocho Police Station Down-gun, who was called to the site, takes the Defendant into the Defendant’s residence at the patrol vehicle at around 17:06 of the same day; and (b) the said security guard E was sent to the center for senior citizens of an article, written in the same military article-based 29 on the same day; and (c) took the 17:06 day from the patrol vehicle at around 17:06; and (d) took the Defendant’s her bath to read “this son’s death,” and assaulted the Defendant’s her on one occasion at the left part of the past E’s f
Accordingly, the defendant interfered with legitimate execution of duties of police officers on site sailing, public safety and maintenance of order.
『2016고단314』 피고인은 2016. 9. 6. 22:00경 강원 양양군 F에 있는 피해자 G 운영의 ‘H’ 주점에서, 술에 취한 채 다른 손님들에게 시비를 걸고 귀가를 권유하는 피해자에게 “야! 개새끼야, 미친년아!, 술값을 못줘!”라고 큰소리로 욕설을 하는 등 그때부터 같은 날 23:40경 까지 약 1시간 40분 동안 소란을 피웠다.
Accordingly, the defendant interfered with the victim's bar business by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. On-site photographs;
1. The application of Acts and subordinate statutes to investigation reports (the portion on which the written statement is not prepared);
1. Relevant Article 136(1) of the Criminal Act, Article 214(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, 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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria;
(a) Class 1 (Interference with Business) (Scope of Recommendation), interference with business, Type 1, basic area (one to one year and six months of imprisonment) (special person) is nonexistent;