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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 30, 2015, the Defendant obstructed the Defendant’s business at the convenience store for the victim D’s operation in the window C of Changwon-si around 17:10 on November 30, 2015, the Defendant was unable to avoid disturbance for about 20 minutes on the floor by putting the left side of the F to the convenience store of the said place without any special reason, putting about 3 times in drinking, 8 times in drinking, f’s face face, f’s hand, f’s hand, f’s hand, tights, etc. on the convenience store display stand of the convenience store, and booming it into a large sound.
Accordingly, the defendant interfered with the convenience store business in the operation of the victim.
2. 공무집행 방해, 상해 피고인은 2015. 11. 30. 17:40 경 제 1 항 기재 편의점 앞 노상에서, 112 신고를 받고 출동한 창원 서부 경찰서 G 파출소 소속 경위 H(50 세) 등이 피고인을 업무 방해 현행 범인으로 체포한 뒤 ‘ 순 14호’ 순찰차 뒷좌석에 태우자, 발로 순찰 차 유리창을 차고, 이에 경위 H이 이를 제지하자 경위 H에게 “ 야, 임 마, 씨 발 놈 아 ”라고 욕설을 하면서 주먹으로 경위 H의 코 부위를 1회 때리고 발로 경위 H의 복부를 2회 걷어찼다.
As a result, the Defendant assaulted police officers to interfere with the legitimate performance of duties by police officers concerning arrest of flagrant offenders, and at the same time, inflicted injury on the victim H, such as coconction for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and H:
1. A written statement of I;
1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;
1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and the defendant is a minor fine in the past.