Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 7, 2014, from around 03:50 to 04:20 the same day, the Defendant: (a) at the main point of “E” operated by the victim D in Daegu Suwon-gu Suwon-gu, the Defendant: (b) was unable to enter the said main point by the customers who had entered the said main points by avoiding disturbance, such as making the victim and the alcohol value problem; and (c) threatening to threaten the victim as at the time of the victim.
Accordingly, the defendant interfered with the victim's bar business by force.
2. The Defendant was required to return home from G in the circumstances where the Daegu Water Police Station F District Unit was called out after receiving 112 report of the main owner D while he was committing a disturbance as referred to in the above paragraph (1).
When the above G calls the Defendant to continuously return home, the Defendant took a bath on the ground that the G is bad, and committed assault, such as cutting off the G's buck into the floor of hand.
Accordingly, the defendant interfered with legitimate execution of duties concerning the control and prevention of police officers' criminal acts.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G, H and D;
1. Each statement of D and I;
1. Application of Acts and subordinate statutes on the value receipt;
1. Relevant Articles 314(1) and 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence ( considered as favorable circumstances among the reasons for sentencing) include the following factors: (a) the accused confessions the facts of the crime and reflects his mistake; (b) the victim of the obstruction of performance of official duties agreed smoothly with the victim; (c) the police officer who is subject to the obstruction of performance of official duties several times; and (d) the grounds for and guidelines for sentencing indicated in the arguments of the instant case, such as the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime; and (e) the circumstances after the crime was committed (the crime of obstruction of official duties, obstruction of performance of official duties, Type 1, basic area, scope of recommending punishment: Imprisonment with prison labor