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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 becomes final and conclusive.
Reasons
Punishment of the crime
1. 업무방해 피고인은 2014. 12. 21. 02:15경부터 안산시 상록구 B에 있는 C호텔에서 위 호텔 직원 피해자 D에게 빈방이 있냐고 물어보았으나 피해자로부터 방이 없다는 대답을 듣게 되자 화가 나 “야, 이 새끼야!”라고 큰 소리로 욕설을 하고 카운터에 있는 푯말을 집어던지는 시늉을 하며 위 호텔 바닥에 침을 뱉는 등 약 30분 동안 소란을 피웠다.
Accordingly, the defendant interfered with the victim's hotel management work by force.
2. At around 02:40 on December 21, 2014, the Defendant obstruction of the performance of official duties: “Arreshed a frat.....................” among the above hotels, the Defendant: “Arrecked the frat” following 112 a report, and frated from the head F of the Silsan Police Station E District, which was dispatched to the site; and frated to the frat, “I want to die........ the frat’s family will die,” refers to “Is the frat’s face,” and assaulted the F’s face at one time as her hand.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Written statements of D;
1. A criminal investigation report (nine pages of evidence records);
1. Application of the Acts and subordinate statutes on photographic records;
1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
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;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] No basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (6 to 1 year and 4 months) (the treatment of multiple offenses) is without sentencing guidelines.