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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On August 8, 2014, around 06:30 on August 8, 2014, the Defendant obstructed the victim’s restaurant business for about 30 minutes by force, such as: (a) bitching the victim D, who is an employee, to be a customer, on the cafeteria located in Dong-gu, Chungcheongnam-gu, Seoul; and (b) gathering the victim’s water, etc. on the ground that the victim D, who is an employee, was influencing himself/herself.
2. The Defendant heard the Defendant’s 112 report on the date, time, place of the preceding paragraph, and on the ground of the said D’s influence, and told the Defendant that the police officer did not participate in the police officer from the slope F of the Donannam Police Station Estation affiliated with the Donannam Police Station Estation, which called “I will not have any sprinks since the sprinks?” and assault the Defendant, who continued to move the victim in the patrol way, by continuously blocking the victim from moving in the patrol way, and by sprinking the victim’s rifle spice with both hand.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in F and D;
1. Application of the Acts and subordinate statutes written statements prepared by G;
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, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Application of the sentencing criteria;
A. Type 1 of the obstruction of performance of official duties (in the case of a decision on the type of the obstruction of performance of official duties) [Special Convicts] mitigation elements - In the case where the degree of assault, intimidation, and deceptive scheme is minor (decision on the recommended sphere), mitigation area, one month to eight months of imprisonment
(b) multiple crimes;