Text
Defendant
A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 2,00,000 won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. Defendant A: 2017
4. 3. 23:30 경 경북 경산시 C 소재 D 노래방에서 술에 취한 사람이 행패를 부린다는 신고를 받고 출동한 경북 경산 경찰서 E 지구대 소속 경찰 공무원인 경장 F(35 세 )로부터 노래방 문을 발로 차는 것을 제지 받자, 술에 취한 상태에서 위 F에게 “ 개새끼야 시발 새끼들 아 ”라고 욕설을 하면서 손으로 위 F의 멱살을 잡고 흔들어서 공무집행 방해죄의 현행 범인으로 체포된 후 넘어져 있던 피고인을 일으켜 세우던 같은 지구대 소속 경찰 공무원인 G(46 세) 의 다리 부분을 발로 2회 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
2. When the Defendant was arrested as a current offender of interference with the performance of official duties at the time, time, and place described in paragraph 1, the Defendant: (a) was drunkly under the influence of alcohol, and (b) was a public official, police officer of the Gyeongbuk Police Station E District, who was a police officer of the Gyeongbuk-do Police Station E District; and (c) was sealed with the above F in his hand.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to F, G, and J;
1. Application of the 112 Reporting Case Handling List, the Act and subordinate statutes governing the place of work;
1. Defendants of the relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act
1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act
1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;
1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendant A: The reason for sentencing under Article 62(1) of the Criminal Act recognizes the Defendants to commit the instant crime; Defendant A did not have any history of having been punished by a fine or heavier; Defendant B was a primary offender; Defendant B was a contingent crime; and other favorable circumstances, such as the Defendants’ age, sexual conduct, environment, and motive or circumstance for the instant crime.