Text
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
1. On April 29, 2016, at around 01:00, Defendant A sent a bath to the police officer without any justifiable reason while the police officer E, who belongs to the Dop Police Station D District forces called up after receiving a report 112, listened to the statement of Party B, Defendant A was under the influence of alcohol.
Defendant, who did not comply with the request of the above police officer to present his identification card, exceeded the above police officer’s uniform mother and her mother, and assaulted the above police officer once by drinking.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.
2. Defendant B, at the time and place described in the foregoing paragraph 1, appeared to be a witness to arrest a flagrant offender from F of the police officer F belonging to the Gyeonggi-gu Police Station D District Police Station, Defendant B committed an act interfering with the performance of official duties as above, and committed assault, such as: (a) breathing the above police officer without any reason under influence of alcohol, preventing the police officer from arresting the police officer; and (b) breathing the chest of the above police officer by drinking.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes on police statements made to E, F and G;
1. The Defendants: Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles 136(1) and 136(2)
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Protective observation and community service order Defendants: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] / [the grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of punishment / [the grounds for special sentencing / [the June 1 to April] of the basic area (the grounds for sentencing / the grounds for obstructing the performance of official duties ] / The grounds for obstructing the performance of official duties, the degree of violence committed against police officers, and the Defendants’ respective criminal records, etc.