A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

On October 13, 2014, around 21:20 on October 13, 2014, the Defendant: (a) on the taxi operated by the victim D in Gyeyang-gu Incheon Gyeyang-gu, Incheon; but (b) on the ground that the victim was refusing to operate the taxi, the Defendant obstructed the victim’s taxi business by force with a taxi operation certificate attached in the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes to a copy of a certificate of taxi driving;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant has been punished several times due to obstruction of performance of official duties and injury, so the defendant is selected to imprisonment. However, the execution of the sentence is suspended considering the fact that the defendant returned the certificate to the victim after about one hour.