A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 26, 2013, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Central District Court on March 26, 2013 and completed the execution of the sentence at the Seoul Detention Center on June 1, 2014.

1. On January 14, 2015, the Defendant interfered with business: (a) around 21:00, at the entertainment tavern of “D” operated by the victim C, located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant obstructed the victim’s entertainment tavern business by raising a disturbance for about 30 minutes, such as flashing the victim’s flaps, and flabing the victim’s flaps, with a large amount of time to request the victim to change.

2. On January 14, 2015, the Defendant obstruction of performance of official duties: (a) assaulted the Defendant at entertainment taverns specified in paragraph (1); (b) around 21:30 on January 14, 2015, the police officer, who was a police officer belonging to the Seoul Young Military Police Station E zone, called the Defendant, to arrest the Defendant as a flagrant offender by interference with business, etc.; and (c) assaulted the Defendant by assaulting the Defendant for the purpose of interfering with business; and (d) obstructing the police officer’s legitimate performance of duties concerning handling reports and arresting flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Previous records: Application of Acts and subordinate statutes on inquiry reports, investigation reports, personal identification and confinement status, including criminal records, etc.;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area of the obstruction of performance of official duties (6 months to one year and four months), (6 months to one year and four months), and no sentencing guidelines have been set as to the crime of interference with business for which no special person exists, and therefore only the lower limit of the sentencing guidelines for the crime of obstruction of official duties for which the sentencing guidelines are set shall apply.

[Determination of sentence]