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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On June 20, 2017, from around 21:30 to 21:40, the Defendant: (a) committed a breach of duty in the “E” restaurant of the victim D’s “E” in the Seo-gu, Daegu-gu, Seo-gu; and (b) committed an act to go against the customer who was a customer with the hand floor and glass disease under the influence of drinking and to go to the customer who was in the place of drinking, and was going to go to the customer who was going to the place of drinking. Accordingly, the Defendant interfered with the business of operating the restaurant of the victim by force.
2. On or around 21:45 on the same day as the record in the preceding paragraph, the Defendant, who obstructed the performance of official duties, was asked by the police officer G belonging to the F District of the police station in Seo-gu, Seo-gu, Seoul, who received a report and received the notification, to the effect that “I am at the office of the Defendant,” and “I am at the police officer assigned to the office of the Defendant, I am at this time, and I am to the said police officer, “I am at the night, I am at the inside, and I am at the patrol. I am only because I am at the bar.”
This study finds out how to sacratate the death.
” 고 소리치며 우측 발로 위 경찰관의 좌측 어깨를 1회 걷어찼다.
Accordingly, the defendant assaulted police officers in the process of performing duties such as criminal investigation and maintenance of order, thereby hindering legitimate execution of duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or H;
1. Application of the Acts and subordinate statutes to a report on investigation (as to the closure of a crime, closure photographs);
1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Sentencing criteria;
(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)
B. The basic area of crimes No. 2 (Interference with Business) (Scope of Recommendation) (Interference with Business), the basic area of crimes No. 1 (Interference with Business) (No. 6 months to June).