Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2, 2016, the Defendant obstructed the victim’s main shop operation by force of approximately 30 minutes on the part of customers, such as having drinking in D singing alcohol at D dan operated by the victim C at D singing around 20:30 on December 2, 2016.
2. On December 2, 2016, at around 21:09, the Defendant: (a) sent out a call by the Nonindicted Party F, etc., of the Jeju Police Station E District of the Jeju Police Station, who was called out after receiving a report from 112, and recommended the Defendant to return home; (b) sent out a door to the right arms of the Defendant; (c) took a bath for the Defendant to “this son son”; and (d) assaulted the victim’s face at one time.
As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written statement prepared by C;
1. Application of the Acts and subordinate statutes on closure photographs;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);
1. Protection observation and community service order: The sentencing guidelines under the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. and Article 62-2(1) of the same Act and the following circumstances shall be determined as the order;
A favorable circumstances: The circumstances in which all facts constituting the crime are recognized and considered to be more favorable: the fact that the punishment of a fine for the same or a similar crime is more than 10 times, and the motive and circumstances of the crime, the circumstances after the crime, the occupation, age and age of the defendant.