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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 7, 2014, around 02:50 on December 7, 2014, the Defendant ordered alcohol and alcohol to the victim as if he did not have cash possessed by the victim D with the victim D with the C3rd floor, so even if he did so, he did not have the intent or ability to pay the alcohol value, and even if he did so, he did not have the intention or ability to pay the alcohol value.
The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to 118,000 won at market price, such as Kascicker, Mascker, and Ilan on the same day from the victim.
2. 공무집행방해 피고인은 위와 같은 일시장소에서, 손님이 행패를 부리고 있다는 신고를 받고 출동한 경북경산경찰서 F지구대 소속 경위 G, 순경 H에게 “씨발 새끼들아 내 얘기는 왜 안들어 주느냐, 짜고 치는 것이냐”고 욕을 하고, 업주인 D의 얼굴을 때리며 욕을 하는 것을 제지하자 주먹으로 순경 H에게 주먹을 휘두르고 가슴부위를 발로 차고, 경위 G에게 “씨발 새끼야 죽여버린다”고 욕을 하면서 옆구리 부위를 발로 찼다.
As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reporting cases by G police officers and H.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H and G;
1. Written statements of D;
1. Application of the written estimate statutes;
1. Article 347 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;
1. Scope of recommendations according to the sentencing guidelines – Category 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) (Obstruction of Performance of Official Duties) and the basic area (6 months to one year and four months) (no person specially mitigated) - Group 2 (Fraud).