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A defendant shall be punished by imprisonment with prison labor for three months.
Reasons
Punishment of the crime
1. On January 6, 2016, at around 02:05, the Defendant obstructed the victim’s food sales and store management by force by force, on the following grounds: (a) around 02:05, the victim H et al. in Yangsan City worked for an employee; (b) under the influence of alcohol, the Defendant scambling the tables on the floor in a state that the Defendant lacks the ability to discern things or make decisions; and (c) the Defendant scamed the tables on the floor; and (d) the Defendant scamed out of the store.
2. On January 6, 2016, around 02:26, the Defendant: (a) committed assault, such as assaulting the face of K one time to knee and knee in a state of lacking the ability to discern things or make decisions by drinking only when the Defendant was requested by K to verify his identity, who was dispatched after being reported 112 due to the act of interference with his/her business as above; and (b) was under the influence of alcohol by drinking the police box at the time of having weak the ability to discern things or make decisions.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. Each written statement of L and M;
1. Application of the Acts and subordinate statutes governing CCTV images;
1. Obstruction of the relevant Article of the Criminal Act and of the choice of punishment concerning the crime: Interference with the performance of official duties under Article 314 (1) of the Criminal Act (elective of imprisonment): Article 136 (1) of the Criminal Act (elective of imprisonment);
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed by a heavier obstruction of business);
1. Type of recommendation [Interference with Business] type of sentencing guidelines: No one type (Interference with Business) special sentencing factor - No aggravated factor: - The scope of recommendation of reduction factors (including serious efforts to recover damage): Imprisonment with prison labor for a month to 8 months (limited to mitigation areas) - No aggravated factor: There is any mental or physical weakness (which is responsible for himself/herself), and whether serious suspension of sentence is suspended: suspended execution.