Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around 05:00 on December 29, 2013, the Defendant used singing rooms for two hours at “E singing practice room” operated by the victim D in Seo-gu Incheon City, Seo-gu, Incheon.
However, the defendant did not intend to pay the price even if he uses the singing as above.
The Defendant, by deceiving the victim as such, received 50,000 won or more of the market price from the victim and acquired pecuniary benefits.
2. At around 05:40 on December 29, 2013, the Defendant of the obstruction of performance of official duties: (a) discovered in the G District, located in Seo-gu Incheon, Seo-gu, Incheon, in order to resist the police officer that he had reported that he had employed a dog at the singing room as stipulated in paragraph (1) and that he was dispatched to the said District; and (b) sought from the police officer belonging to the Incheon Seo-gu, Seo-gu, Incheon, Seo-gu, Police Station G District to “the rings of Neine police officers shall be cut down. The rings of Neine police officers shall be cut down.” As such, the Defendant threatened the police officer of the police officer, who was working for the Seo-gu, Incheon, to arrest the suspect as a flagrant offender, and caused the above H’s face once.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties on public order and arrest of flagrant offenders.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. The police statement of H;
1. Statement of investigation reports (record, etc. of the case in which the relevant person has attempted to go through) and list of reported cases;
1. A non-control report;
1. Details of the management of the detailed information on the commercial case, and details of the processing of reported cases;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;
1. Of concurrent crimes, the defendant and his defense counsel’s assertion regarding the defendant and his defense counsel’s assertion under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are not the defendant’s intention of not paying the instant singing amount from the beginning.