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A defendant shall be punished by imprisonment for six 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
On December 4, 2013, the defendant was sentenced to a suspension of the execution of four months of imprisonment with prison labor at the Busan District Court on the 12th of the same month, which became final and conclusive.
1. From around 20:25 on September 14, 2013 to 20:45 on the same day, the Defendant: (a) reported that the Defendant was under influence of the victim C (here, 53 years of age) in the Seo-gu Busan (hereinafter referred to as “B”) and, on the ground of the Defendant’s refusal of the said request for alcohol to the victim; (b) stated that “Ilman” was “Ilman; and (c) continuously blicked the disturbance, and obstructed the victim’s karaoke business by force for about 20 minutes, thereby interfering with the victim’s singing business.
2. At around 20:50 on September 14, 2013, the Defendant was investigated by the police officer F of the Western Police Station E District E District at the same Damnode, and the Defendant obstructed the Defendant’s legitimate execution of duties in relation to the investigation and maintenance of order of the said police officer, by referring to: “When the Defendant was investigated by the police officer F of the Western Police Station E District E District, he did not know whether he was erroneous or not, or did not know the drinking value.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement against F and C;
1. An inquiry report, such as a criminal history;
1. Application of the Acts and subordinate statutes of impeachment;
1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;