Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 9, 2016, at around 23:30 on August 9, 2016, the Defendant obstructed the victim’s bar business by force for about 40 minutes, such as: (a) in the “E” of the operation of Kimpo-si C Victim D; (b) deeming that the victim was able to avoid the male-child movement and wind of the Defendant; and (c) making the victim snife with the large interest that “the young, the same young, and the ship snife,” and preventing customers from entering the above main point.
2. 공무집행방해 피고인은 2016. 8. 10. 03:13경 김포시 F에 있는 ‘G’ 식당에서, 주취소란 112 신고를 받고 출동한 김포경찰서 H지구대 소속 경장 I로부터 다른 손님들에게 시비를 거는 행동을 제지당하자, 발로 위 I의 정강이를 찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Each police statement of I and D (a list of 10,13);
1. Written Statement of J (List 2);
1. 112 Report Statement (List 5) and recording records (list 23,24);
1. Investigation report (List 14);
1. Application of the Acts and subordinate statutes to photographs (list 16);
1. Relevant Articles 314(1) and 316(1) of the Criminal Act, Article 136(1) of the Criminal Act and imprisonment with prison labor for the sake of criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act does not seem to be very serious in terms of confession, reflectivity, beginning crime, contingent crime in state of exploitation, degree
1. Social service order under Article 62-2 of the Criminal Act;