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A defendant shall be punished by imprisonment for six months.
except that 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
1. On June 13, 2019, at around 09:35, the Defendant obstructed the business operation of the victim’s pharmacy by force, such as demanding the victim to change disinfection drugs from “D pharmacy” in the operation of the victim C in Namyang-si, Namyang-si, and demanding the victim to take a disinfection medicine, and demanding the victim to do so, and demanding the victim to take a large amount of sound, i.e., raising plastic bags on several occasions, and thus obstructing the business operation of the victim’s pharmacy.
2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서, ‘술취한 손님이 행패를 부린다’는 신고를 받고 출동한 경기남양주경찰서 E지구대 소속 경찰관 F으로부터 사건에 대한 질문을 받자, 위 F에게 상스러운 욕설을 하면서 머리로 가슴을 1회 들이 받고, 손으로 얼굴을 1회 때리고, 발로 다리를 약 4회 걷어 찼다.
As above, the Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning handling 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. C’s statement;
1. Application of Acts and subordinate statutes on photographic photographs by 112 reporting 12 case handling slips, fags-fags and CCTV closures;
1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime (Interference with Business) [Determination of Punishment] Crimes of Interference with Business [Type 1] There is no interference with business (Special Punishment] [Scope of Recommendation and Recommendation] [Scope of Recommendation]] Basic Field, 6 months to 1 year and 6 months [No person who is a general person];
B. Second Crimes of obstruction of the performance of official duties (determination of the type of obstruction of the performance of official duties) (Article 1). The recommended field where there is no obstruction of the performance of official duties or coercion of official duties (special sponsor).