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A defendant shall be punished by imprisonment for not more than ten 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. 업무 방해 피고인은 2016. 4. 19. 11:10 경 부산 서구 B에 있는 C 편의점에 술에 취해 담배를 구입하러 들어가 그 곳 종업원인 피해자 D에게 “ 이 씨 발 놈 아, 니는 뭐꼬. 입에서 냄새난다.
개쌔끼야, 씨 발 놈 아 꺼져 라” 등의 욕설을 하며 그의 얼굴에 침을 수회 뱉고 진열대에 있는 과자를 집어 던지는 등의 위력을 행사하여 약 15분 동안 편의점에 들어오려 던 손님들을 못 들오게 하는 등 피해자의 편의점 영업업무를 방해하였다.
2. The Defendant obstructed the performance of official duties at the time and place specified in the above Paragraph 1, and at the place, and assaulted F, etc., such as spiting, spiting, etc., that F, who was called out after receiving the above 112 report, intended to arrest him as a current offender by committing the foregoing F, to the said F, such as “drasing, spiting, etc., of why he would be spite,” to whom F,
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of F and D;
1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Act, including the observation of protection and surveillance, and the scope of final sentence due to the aggravation of multiple crimes (including serious efforts to recover damage) in the area of mitigation [the scope of punishment for which punishment is to be imposed in six months to one year and eight months] of the basic area (from one year to four months) (the scope of punishment for which punishment is imposed] (no person subject to special sentencing) [the scope of punishment for which punishment is imposed] of the area of mitigation (one month to eight months) [the scope of punishment for which punishment is to be imposed] of the area of punishment [the scope of punishment for which punishment is not imposed (including a person subject to special mitigation] of punishment (including a serious effort to recover damage): The decision of punishment for six months to one year and eight years: the unfavorable circumstance of the crime of this case: the content and the nature of the crime of this case.