A defendant shall be punished by imprisonment for not more than ten months.

except that 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

『2018고단2598』 피고인은 2018. 8. 14. 12:40경 서귀포시 B에 있는 피해자 C 운영의 식당에서 술을 마시다가 과일 안주가 없다는 이유로 화가 나 “칼을 갖다 달라. 다 부숴버리겠다.”는 등으로 고함을 치며 의자에 드러누워 테이블을 발로 걷어차는 등 행패를 부려 그 곳에 있던 손님들로 하여금 식사를 다 마치지 않은 상태로 나가버리게 하고 112 신고를 받고 출동한 경찰관들에게도 큰 소리로 욕설을 하는 등으로 약 20분 동안 소란을 피웠다.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

around 20:09 on January 9, 2019, the Defendant: (a) around the “E” restaurant located in Jeju-si, Jeju-si; and (b) the police officer F of the Jeju Dong Police Station, who was called the Defendant, recommended the Defendant to return home, sent the Defendant’s chest to three times, while taking a bath.

Accordingly, the defendant assaulted a public official who performs his duties, thereby obstructing the police officer's legitimate execution of duties concerning criminal investigation.

Summary of Evidence

"2018 Highest 2598"

1. Defendant's legal statement;

1. C’s statement;

1. Photographs "2019 Highest 471";

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of related Acts and subordinate statutes;

1. Relevant Article 314 (1) and 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. There are many criminal records of the same kind of sentencing under Article 62(1) of the Criminal Act, on the other hand, the arguments of this case, such as the fact that the defendant agreed with the victim of interference with business, the degree of interference with the execution of official duties, the fact that the defendant's health is not very good, and the defendant's age, character and conduct, family relationship, environment, background and result of the crime, and the circumstances after the crime.