A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On December 6, 2016, the Defendant obstructed the victim’s restaurant business by drinking in the “E” restaurant in Mapo-gu Seoul, Mapo-gu, Seoul, and the second floor of the victim D’s D operation, without any particular reason, by allowing the customers to take a trial fee. The Defendant interfered with the victim’s restaurant business by forcing the above restaurant employees F, G to take a cafeteria, “sprink, sprink, sprink, and sponsing up the Chinese young people, and having other employees take a bath for 2 hours.”

2. The Defendant, upon receiving 112 reports at the same time and place as paragraph (1) of this Article, abused I in a way of threatening I’s bomb with the left hand, on the ground that he was subject to the same act as that of the preceding paragraph from I who is a public official of the police officer belonging to the Mapo Police Station H District of Seoul Mapo Police Station, who was called out after receiving 112 reports, and assaulted I in a way of threatening I’s bomb and doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of each statute of F, G, and J;

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 scope of the final sentence due to the aggravation of multiple concurrent crimes in the basic area of crimes (i.e., the obstruction of the performance of official duties) under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] 1 types of crimes (Interference with the performance of duties) under Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (i.e., June through January 6) (i., the obstruction of the performance of official duties) (i.e., the suspension of the performance of official duties). The scope of the final sentence due to the aggravation of multiple crimes under Article 1(ii) (i.e., June through January 4): Six months and two years [the decision of the sentence] under Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; and (ii) on October 27, 2016 (Seoul District Court Decision 2016Da2444).