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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
1. On May 11, 2017, Defendant A expressed his desire to be “sick, Chewing,” among the police officers belonging to the police unit of the Busan Police Station E District in the Busan Police Station, who was waiting to return home from the victim F, a police officer of the Busan Police Station, who was staying in the dispute with Defendant D on May 11, 201, who was off the face of the victim and was arrested as the head of the victim’s face and was arrested as the current offender, such as interference with the performance of official duties, and on the back of the patrol, Defendant A was compelled to go home from the victim’s seat.”
Accordingly, the defendant insultingd the victim, and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.
2. Defendant B was arrested by G (50), a police officer, etc. belonging to E District Group, etc. at the same time, Defendant B, a police officer belonging to E District, etc., leading to the above G, and was pushed down with his body with drinking and pushed down with his hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes on police statements made to F and G;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act (the point of insult), and each choice of imprisonment with prison labor
B. Defendant B: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:
1. Although there is a history of criminal punishment twice for the same crime as A, it is no less than that of a crime by exercising violence against a police officer who is duly performing his/her duties and by giving insulting words, the liability for such crime is less than that of a crime.