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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
1. On April 2, 2016, at around 02:23, the Defendant interfered with the business of the victim C (27 Do) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 2016, who took a bath with female-friendly equipment, without any justifiable reason, and obstructed the business of the victimized person by force by force by having the customers who were in the business place go out of the facility by exercising power, such as a shot B, etc.
2. On April 2, 2016, the Defendant interfered with the performance of official duties, from the stairs of the building in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, upon receiving a report on the foregoing paragraph 1, the Defendant demanded F to present an identification card from the 112 police officer of the Incheon Samsan Police Station Eargu, Incheon, and called “F to open, hick, hick, hick-gu, hick-gu,” and the Defendant interfered with the lawful performance of official duties of F for criminal investigation by force, by force, such as pressinging the shoulder and head.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, and C;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 136(1) of the Criminal Act applicable to the crimes under relevant Article 136(1) (Selection of Imprisonment) of the Criminal Act;
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. Part concerning the dismissal of a public prosecution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do14
1. The summary of the facts charged is from the stairs of the H restaurant building located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around April 2, 2016 to the Defendant, and there is a fluor on the rooftop of the building.
At the same time, he was listed on the rooftop, and he was removed from the victim I (18 tax) who is an employee of H restaurant, and assaulted the victim by pushing the victim's shoulder in his hand and bombing him with bomb.
2. We examine the judgment. This is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. According to the records, I expressed the intent not to punish the defendant on August 29, 2016, which was the date the prosecution of this case was instituted.