A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On June 21, 2016, the Defendant: (a) around 09:30, at the E-cafeteria operated by the victim D on the Jeju-si on June 21, 2016, the Defendant: (b) had 40 minutes of the disturbance, such as drinking alcohol and drinking alcohol to employees without any justifiable reason; (c) putting three drinking alcohols on the floor; and (d) putting them on the front stairs of the restaurant door to enter the restaurant, and intending to enter the restaurant, the Defendant was able to avoid the disturbance of approximately 40 minutes of the disturbance, such as paying time expenses.

Accordingly, the Defendant interfered with the restaurant operation of the victimized person.

2. 공무집행 방해 피고인은 2016. 6. 21. 10:40 경 전 항의 피해 자로부터 신고 받고 출동한 제주 동부 경찰서 F 지구대 소속 경사 G으로부터 업무 방해 행위를 중단하고 귀가할 것을 요구 받자, 이를 거부하며 위 G에게 큰소리로 욕설하면서 G의 종아리 부위를 발로 2회 걷어찼다.

As a result, the defendant interfered with the legitimate performance of duties by police officials concerning criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Article 314(1) of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties). The choice of imprisonment with prison labor shall be applied;

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: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The grounds for sentencing (within the scope of the sentencing guidelines) basic area of interference with the duties: June -1st and June: Class 1 of interference with the performance of official duties in June: the processing of multiple offenses in June -1st and April: The processing of multiple offenses: The general circumstances favorable to June -2: the penalty for interference with the duties in the part of the penalty for interference with the duties (as of June 24, 2016): Unfavorable circumstances: Six times of violence-related criminal records and six times of suspension of execution (including two times of actual punishment, one time of suspension of execution).