A defendant shall be punished by imprisonment for not more than ten months.

except that 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. On January 30, 2019, from around 00:00 to 02:45, the Defendant interfered with business, in the “D” operated by the victim C in Daegu Northern-gu B, Daegu Northern-gu, the Defendant: (a) obstructed customers from entering the port by avoiding disturbance, such as sound, and taking the bath in a large amount to E who is an employee of the Defendant.

Accordingly, the defendant interfered with the victim's main business by force.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 소란을 피운다는 112 신고를 받고 출동한 F지구대 순경 G로부터 신고 및 사건 경위에 대한 질문을 받자 욕설을 하면서 발로 순경 G의 배를 1회 차고, 이에 경사 H가 피고인을 현행범인으로 체포하려고 하자 무릎으로 경사 H의 낭심을 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, H, and I;

1. Application of the F District Work Site Act;

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business Affairs (Type 1] - Special Punishment] - Reduction element (including serious efforts for recovery of damage): Non-Punishment (including the area of recommendation and the scope of recommendation).