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

Punishment of the crime

【Criminal Power】 On February 16, 2016, the Defendant was sentenced to nine months in the Jeju District Court for the crime of interference with business or of assault, and completed the execution of the sentence in the Jeju Prison around July 28, 2016.

【Criminal Facts】

1. Around 19:00 on September 17, 2016, the Defendant: (a) 22:10 on the same day when the Defendant was found in the E restaurant operated by the victim D located in Jeju-si, and performed drinking; (b) thus, on the same day, the Defendant: (c) went home to the victim; and (d) expressed a large amount of sound that the Defendant demanded to return home to prevent the occurrence of the business hours; (b) the Defendant expressed a desire for the Defendant’s restaurant operation by force for approximately 30 minutes, such as smoking, smoking, and viewing urines before the entrance, even though the said restaurant was non-smoking areas.

2. 공무집행방해 피고인은 2016. 9. 17. 22:52경 위 음식점에서, 위 D로부터 “영업을 방해하는 사람이 있다”는 신고를 받고 출동한 제주동부경찰서 F지구대 소속 경장 G으로부터 소란을 중지하고 귀가할 것을 요구받자 “이 씨발 새끼야”라고 욕하면서 왼쪽 손바닥으로 피해자의 오른쪽 빰을 1회 때려 112신고업무의 처리 및 질서유지에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Each written statement of D;

1. 112 reported case handling table;

1. An investigation report (Attachment of cafeteria image data);

1. A victim's photograph, video CD;

1. Previous records: Criminal records, inquiry reports, results of the search of prisoners, and the application of Acts and subordinate statutes on the status of accommodation of individuals;

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. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the scope of recommendation, sentence, and scope of sentencing on the grounds of sentencing guidelines under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.