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.

Punishment of the crime

1. 업무방해 피고인은 2015. 4. 4. 19:50경 부산 금정구 C에 있는 피해자 D 운영의 E PC방에서 술에 취해 PC방 손님들에게 욕설을 하면서 시비를 걸고, 이를 제지하는 피해자에게 양팔에 있는 문신을 보이면서 “야 개새끼야 내가 누군지 알아, 대전에서 온 조폭이다”며 피해자의 멱살을 잡아 흔들고 피시방 카운터 앞에서 뒹굴며 고함을 질러 피시방 내에 있던 손님들이 도망가고 손님들이 들어오지 못하게 하는 등 약 30분간 소란을 피웠다.

Accordingly, the defendant interfered with the PC operation of the victim.

2. The Defendant obstructed the police officer’s legitimate performance of official duties in relation to the Defendant’s crime described in paragraph (1) on the date and time set forth in paragraph (1) of the performance of official duties, by assaulting the police officer, i.e., pushing ahead with the security guards and security guards G of the F District who was called out after receiving a 112 report on the Defendant’s crime, and committing a 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (see Supreme Court Decision 2009Do3505, Jun. 25, 2009)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The scope of comparison of punishment with recommendation punishment that has no basic area (6-1-4 months) (6-1-6 months) and no special person: 6-1 year and four months (decision of sentence] shall be punished three times for violent crimes.