beta
Text
Defendant
A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A
A. A. On January 3, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an act of breathing a spath in the “D amusement tavern” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, by drinking, by destroying the beer’s disease and committing an act of assaulting entertainment visitors, etc., while under the influence of alcohol, the Defendant spathing the spath of the victim E (33 years old), who was an employee, and spathing the spath of the breath, and spathing the victim by taking the beer’s hand, and spathing the victim’s finger.
나. 공무집행방해 피고인은 2015. 1. 3. 22:30경 위 가항 기재 장소에서 위와 같은 폭력 범행으로 신고를 받고 출동한 천안서북경찰서 F 소속 경사 G에게 "내가 술값 다 내고 술 먹는데 뭘 잘못했어, 너 경찰이야, 경찰이면 다야, 너 개새끼들 한국놈들이야"라고 욕설을 하며 주먹으로 피해자의 가슴부위를 약 2-3회 밀치는 등 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.
2. Defendant B, upon receiving 112 report at the date, time, and place set forth in the above paragraph (1), sent to the Defendant, and assaulted Defendant B’s left eye of H(24 years old) on one occasion, who was arrested as a suspect of obstruction of performance of official duties.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each statement made to G and H;
1. Application of Acts and subordinate statutes of E;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant 1: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) and 136(1) of the Criminal Act
B. Defendant 2: Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties, Imprisonment)
1. Of concurrent crimes (Defendant 1), the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act.