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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around 00:15 on January 6, 2018, the Defendant obstructed the victim’s main business by the force of 20 minutes, i.e., neglecting the Defendant’s driver’s duty while drinking in two rooms, i.e., “E main points operated by the victim D, which are located in Busan City, with the influence of “E main points”. The Defendant obstructed the victim’s main business by neglecting the Defendant’s driver’s duty, i.e., neglecting the Defendant’s conduct of and going against the Defendant’s cream, which is located in the table table, and neglecting the Defendant’s free advantage of the beer, etc., and neglecting the Defendant’s main business operation by force of 20 minutes when the main employees request self-regulation.
2. The Defendant interfered with the performance of official duties on the same day: (a) heard the damage inflicted by G and H, a police officer affiliated with G and H, a police officer affiliated with G and H, the G and H, a police officer affiliated with G and H, who was called out after receiving a violent report before the “E main station”; and (b) confirmed the personal information of the Defendant; and (c) took home to the Defendant; (d) did not comply with it, and (e)
“A person who reported” due to his sound, which is likely to interfere with the work of the police officer G, which prevents the police officer from engaging in his or her act, and which demands returning to his or her country, on the ground that he or she is bad;
잡아 가봐 이런 짭새 새끼들” 이라고 욕설을 하면서 머리로 경찰관 G과 H의 가슴 부위를 수회 들이박는 등 폭행하여 경찰관의 범죄수사에 관한 정당한 직무집행을 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to G and H;
1. Application of the respective laws and regulations of D, I, J and K
1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act suspended execution, the Defendant and his defense counsel were in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the instant crime.