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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 9, 2017, the Defendant: (a) around 14:57 on December 9, 2017, the Defendant: (b) under the influence of alcohol in the “Ding club” operated by the Victim C in Nam-gu Incheon Metropolitan City, the Defendant attempted to leave his employee E; (c) desires to take up two vehicles; (d) the face of the above E; and (e) the victim told the Defendant that he could not make up two vehicles to the suspect; (b) however, (c) “it is apparent that the Defendant calculated KRW 250,000 for two hours,” and (d) there is no reason for such establishment.
The term "the victim's main business was interfered with by force for about 30 minutes by avoiding disturbance, such as continuing two vehicles and sounding."
2. Around 15:36 on the same day as above, the Defendant was arrested as a flagrant offender under suspicion of interference with business from the border G, etc. belonging to the Seoul Southern Police Station F District Group of the Incheon Southern Police Station, who was dispatched after receiving a report of 112 on the said disturbance. During that process, the Defendant assaulted the police officers against the stairs going up to the first floor of the said singing club, who embling, and embling the right entrance of the said G to drinking at one time.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of C’s written laws and regulations
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;
1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which provides for aggravated concurrent crimes (aggravating concurrent crimes with the punishment stipulated for a crime of obstructing the execution of heavier official duties);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;
2. Scope of the recommended sentences according to the sentencing criteria;
(a)basic crimes (determinations of types), interference with the performance of official duties, interference with the performance of official duties, and one type (influence of and coercion of duties).