Text
Defendant
A Imprisonment for eight months, Defendant B and C shall be punished by imprisonment for six months.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
On March 23, 2016, Defendant B was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Chuncheon District Court on March 23, 2016 and completed the execution of the sentence on June 29, 2016.
[Criminal Facts]
1. On September 25, 2016, at around 01:35, Defendant A expressed that “F” in the “F” located in Chuncheon-si, Gangwon-do, Gangwon-do, would be deemed to have caused disturbance to customers, and the circumstances leading up to the instant case, which was sent to the site after receiving a report of 112, Defendant A expressed to the said H that “the head of the Gu, Gangwon-do, Chuncheon Police Station G District would see the circumstances leading up to H, which was called “the head of the Gu,” and that “I would have caused the instant case to be handled during the instant period.” In doing so, Defendant A committed assault to the two hand that the head of the H’s chest was
Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.
2. Defendant B and Defendant C’s joint crime committed on September 25, 2016: (a) around 01:40, around September 25, 2016, at the front of the “J” located in Chuncheon-si, Gangwon-do; and (b) upon the arrest of a flagrant offender, the Defendants obstructed the front of the said H.
Accordingly, as H requested the Defendants to explain the reasons for the arrest of A and to avoid interference, the Defendants committed assault, such as cutting off the arms he catches A with a lush hand, h’s shoulder and breast part by hand, and h’s shoulder and breast part by hand.
Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police with H;
1. Each written statement K, L and M;
1. Previous convictions indicated in judgment: Investigation report (recognating repeated crimes and facts during the suspension of execution) and application of statutes of the judgment;
1. Article 136(1) and Article 30 of the Criminal Act (Defendant A does not include Article 30 of the Criminal Act) as to the crime, the applicable provision of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes (defendant B);
1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of sentencing recommended according to the sentencing criteria (the scope of the recommended sentence).