Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, from the date this judgment becomes final and conclusive, each one year.
Reasons
Punishment of the crime
1. Defendant B from November 7, 2017 to the same month.
8. From 00:40 to 00, while drinking together with A at the 'F' restaurant in the operation of the victim E in Busan Metropolitan City, he / she gets the customers out of the restaurant without any particular reason while drinking together with A.
Accordingly, the Defendant interfered with the victim's restaurant business by force for about three hours.
2. The Defendants’ co-defendants, on November 8, 2017, received a report from 112 on the same grounds as the above 1:0:45 on the same grounds as the above 112-mentioned paragraph, and were employed to return home from the slope H of the G police box belonging to the Gyeongsan Police Station, and the Defendant A, “as to be subject to the disclosure of the public trust of the shot-ray,”
D. The Defendant B tried to arrest Defendant A as a current offender of the crime of interference with the performance of official duties by using sound and the chest parts of the above H by hand. The Defendant B, who was employed by the above police box, assaulted the head of I by hand.
As a result, the Defendants conspired to interfere with the legitimate execution of duties of police officers concerning the handling of 112 reports.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to I, H, and E;
1. E statements;
1. A report on internal investigation, etc. and on-site photographs;
1. Application of the Acts and subordinate statutes governing the service of the G police box, and the service of the 112 reported case;
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Articles 136(1) and 30 of the Criminal Act;
B. Defendant B: Article 314(1) of the Criminal Act (a) and Articles 136(1) and 30 of the Criminal Act (a point of obstructing the performance of official duties)
1. Tradeal concurrent defendants: Articles 40 and 50 of the Criminal Act;
1. The Defendants’ choice of punishment: Imprisonment with prison labor
1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendants in a suspended sentence: Defendant B, on the grounds of sentencing of Article 62(1) of the Criminal Act, suffered damage under the influence of alcohol.