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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On March 17, 2016, from around 21:05 to 21:35 of the same day, the Defendant interfered with the Defendant’s business: (a) charged the fuel of one’s own car in the D Gas charging station located in Seocho-gu Seoul, Seocho-gu, with a security card (OPT card) to the victim E, who is his employee; (b) however, the victim did not have a security card; (c) on the ground that the victim changed his/her security card so that the payment could not be made, the Defendant interfered with the Defendant’s gas filling business by force by forcing other customers to enter the charging station, and preventing them from entering the charging station by avoiding the disturbance.
2. On March 17, 2016, the Defendant: (a) informed the victim F (34 tax) who was the circumstances leading up to the Seocho Police Station that the Defendant was dispatched after receiving 112 reports in the above D Gas charging station, and demanded to leave the vehicle on the vehicle under the notification that he was arrested as a current offender due to the charge of interference with the above business; (b) obstructed the vehicle’s windows; (c) resisted the vehicle’s door door locked up to five minutes; and (d) obstructed the victim’s right-hand hand, etc. from the one who was open with the opening of the lock door; and (d) obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders, and at the same time, interfered with the victim’s legitimate performance of duties for the arrest of flagrant offenders; and (e) put the victim on a “water-related person,” who requires treatment for about ten (10) days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E, F, and G;
1. A medical certificate;
1. Application of charging charge receipts and photographs Acts and subordinate statutes;
1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);
1. Selection of each sentence of imprisonment;
1. Grounds for sentencing under the former part of Article 37 and Article 38 (1) 2 of the Criminal Act for the aggravation of concurrent crimes;
1. The sentencing criteria: