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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 업무방해 피고인은 2015. 5. 30. 14:30경부터 같은 날 15:10경에 이르기까지 제주시 C에 있는 피해자 D가 경영하는 E식당에서 동행한 F, G과 함께 소주 2홉들이 2병을 나눠먹고, 그곳 종업원인 H에게 김치와 깍두기가 맵다는 이유로 “씨발, 이거 손님한테 이래도 되냐”라고 큰소리를 치고 계산을 요구하는 위 H에게 “돈 없으니 신고해라, 이 썅년아 나쁜 년아”라고 하는 등 소란을 피워 그 식당 안에 있던 다른 손님들이 모두 쳐다보게 하고 들어오려던 손님들을 들어오지 못하게 하였다.
Accordingly, the defendant interfered with the victim's restaurant business by force.
2. At around 15:15 on May 30, 2015, the Defendant of obstruction of performance of official duties: (a) 4 police officers, such as the security guards I belonging to the Jeju East Police Station, dispatched upon receipt of 112 notification on the ground that the disturbance was avoided in the above E-cafeteria; (b) stated that four police officers would pay the food value and return to the food value; and (c) assault I’s chest part at one time by hand.
Therefore, the above I notified that he was arrested the defendant as a flagrant offender of the obstruction of performance of official duties, and the F did not put the other handets on the defendant's left hand, and the above I issued a warning that "if interfering with the arrest, it would be a crime of obstruction of performance of official duties", but assaulted by the above I, such as continuing to put the handets on the hand and smuggling the body of the above I.
Accordingly, the defendant in collusion with F and interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to I and J;
1. A statement prepared by H;
1. A criminal investigation report and a criminal investigation report (a victim's statement hearing report);
1. Application of statutes on site photographs;
1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment.