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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 became final and conclusive.
Reasons
Punishment of the crime
1. On November 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an assault against the victim E (the age of 48) and the victim E while drinking alcohol at the D cafeteria located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, about November 10, 201, while drinking alcohol, exceeding the floor of the victim’s face, and committed an assault against him/her.
2. The Defendant engaged in obstruction of performance of official duties, on the ground that a slope G belonging to the Daegu East East Police Station F District District of the Daegu East Police Station, which was dispatched to the site upon receipt of a report on the foregoing act at the time and place specified in paragraph (1) of the same Article, brought an assault, such as booming a police officer’s boom, and booming him/her over the floor, by taking a ballebbb, and destroying him/her.
Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.
3. The Defendant interfered with business, at the time and place specified in paragraph (1), 5-6 customers, who were in the restaurant at that restaurant, did not pay food value, by avoiding disturbances, such as assaulting, and breaking the victim H’s flowers.
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes on police statements made to G and H
1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 260 (1) and 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of imprisonment), Article 314 (1) of the Criminal Act (the point of obstruction of official duties and the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The suspended sentence is imposed Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds).