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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 16, 2015, around 20:30, the Defendant obstructed the victim’s restaurant business for about 90 minutes by having the victim D (n, 49 years of age) located in Yongsan-gu, Yongsan-gu, U.S., U.S. C, working as an employee, “E” in the “E” restaurant where the victim D (n, 49 years of age) changed “tobacco money,” and talking for customers, thereby interfering with the victim’s restaurant business.

2. 공무집행방해 피고인은 위 일시장소에서 술에 취한 사람이 소란행위를 하고 있다는 신고를 받고 출동한 일산경찰서 F지구대 소속 경찰관 경장 G로부터 소란행위를 제지당하자, 위 경찰관에게 “놔봐라 이 씨팔새끼야, 난 저년한테 돈을 받아야 한다. 개새끼야”라고 욕설을 하면서 발로 경찰관의 얼굴과 허벅지 부위를 걷어 차 폭력으로 경찰관의 신고 업무 처리 등의 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

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. The reason for sentencing under Article 62-2 of the Criminal Act is that there is an enemy who was punished as the power of the same or similar kind in the past, and that there is a great need for strict punishment in light of the gravity and degree of the instant crime.

However, in the crime of interference with business, the sentence was imposed in consideration of the fact that the victim is not punished against the defendant, the health condition of the defendant is not good, the defendant's prohibition is against the defendant, and the defendant's gender, age, level of education, economic situation, etc.

It is so decided as per Disposition for the above reasons.