A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

1. On August 10, 2016, the Defendant: (a) around 01:00, at the D-type store managed by Gyeyang-gu Incheon, Gyeyang-gu B, and Victims C (V, 61 years old); (b) obstructed the business affairs of the victim’s restaurant business by putting away on the floor of a store, smoking tobacco; (c) taking the victim into smoking; and (d) taking the victim’s body against the victim; and (e) taking the victim’s body against the victim, threatening the victim; and (e) placing the victim and the customer out of the restaurant; and (e) obstructing the victim’s restaurant business affairs by force.

2. The Defendant interfered with the performance of official duties: (a) the police officer F and G belonging to E District forces, who were dispatched after receiving a report on the crime of the above paragraph (1) at the same time and at the same place, were able to invalid home to the Defendant; (b) the Defendant sent to the Defendant several times, “I am, I am,” and opened the F’s left shoulder rank by putting it off; and (c) the Defendant’s act was taken in the patrol car.

G, after cutting off a portable phone to G, the G was collected to F, and the G was collected to drinking at one time on the left side of G.

이어서 피고인은 현행범인 체포 과정에서 발로 G의 왼쪽 엉덩이를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. The application of the relevant Acts and subordinate statutes to photographs of damage and investigation reports;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. The scope of the recommended sentence according to the sentencing guidelines is only one crime (Interference with the business) [the scope of the recommended sentence], and there is no basic area (within June to one year and six months) (the person who is subject to special sentencing).