A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on November 2, 2016 by the Seoul Northern District Court for the obstruction of the performance of official duties on November 2, 2016, and the probation period becomes final and conclusive on November 10, 2016.

[2] On September 16, 2016, from around 02:50 to around 03:50 the same day, the Defendant, while drunk from the packaging horse operated by the victim C in Gangnam-gu Seoul Northern District, expressed a large amount of desire for customers who are seated on the side without any justifiable reason, and caused them to go away from the place.

Accordingly, the defendant interfered with the victim's packing work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Previous convictions in judgment: Application of investigation reports (suspects, previous convictions and confirmations)-related Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Determination of sentence (the crime of this case is in the relation of concurrent crimes with the obstruction of the execution of official duties for which judgment became final and conclusive, and thus, the sentencing criteria do not apply.)

It is necessary to consider equity when determining punishment in the relation of the crime of violence and latter concurrent crimes with the crime of interference with the execution of official duties in which the victim does not want the punishment of the defendant, in agreement with the victim, and in determining the punishment in the latter concurrent crimes with the crime of interference with the execution of official duties in which the judgment became final and conclusive, the order to attend the lecture ordered in the above final and conclusive judgment shall be faithfully implemented and the order not to repeat the crime is not repeated, taking into account the defendant's age, sex, environment, etc., the punishment shall be determined as per the order.