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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 26, 2019, while under the influence of alcohol around 16:40, the Defendant obstructed the victim’s main store business by force for about 35 minutes, including, without any reason, the victim B (n, 55 years of age) entering a coffee shop with the trade name “D” operated by Jung-Eup-si C, and without any reason, the Defendant obstructed the victim’s main store business by a threat of force for about 35 minutes, such as: (a) the victim B (n, e.g., h., h., h. for this year; and (b) the victim’s main store business.
2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 위 B의 신고를 받고 현장에 출동한 정읍경찰서 E파출소 소속 경찰공무원 F에게 “야 좆만한 새끼야, 나한테 총이 있으면 너 개새끼 쏴 죽여 버린다, 좆만한 새끼야!”라고 욕설을 하면서 위 F의 다리를 2회 걷어차고 주먹으로 얼굴 부위를 향해 휘둘렀다.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning 112 reporting processing and maintenance of order.
Summary of Evidence
1. Defendant's legal statement;
1. The statement statement of the police officer B and F;
1. Report on internal investigation (related to the situation at the time of entry into the scene);
1. Application of voice file CD-related Acts and subordinate statutes;
1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Obstruction of Performance of Official Duties): The basic area of the obstruction of performance of official duties (No. 1) and six months to one year and six months;
(b) Second offense (Interference with Business): Interference with business affairs (Type 1).
(c) multiple crimes;