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Defendants shall be punished by imprisonment for six months.
However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On August 13, 2016, at around 04:50, the Defendants were urged to pay the drinking value and return home from the police officer F of the Ansan Police Station E Zone, which was dispatched to the site after receiving a report of 112 because they did not pay the following drinking value at entertainment tavern C located in Ansan-si, Ansan-si, Masan-si.
이에 피고인 A(1975.생)은 “이 새끼들 뭘로 조지지, 야이 씨발새끼야.”라고 욕설을 하면서 위험한 물건인 맥주병을 손에 들고 위 F를 향해 내리치려고 하고, 위 F가 이를 제지하자 옆에서 이를 지켜보던 피고인 B(1972.생)은 위험한 물건인 맥주병을 손에 들고 뒤에서 위 F를 향해 내리치려고 하였다.
Accordingly, the Defendants jointly carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendants’ respective legal statements
1. The statement of each police officer made to F and G;
1. A statement prepared by H;
1. Application of statutes on site photographs;
1. Relevant Articles 144(1) and 136(1) of the Criminal Act, Article 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;
1. Scope of the sentencing guidelines set forth in Article 62 (1) of the Criminal Act (the scope of recommendations made in consideration of the facts that all the defendants confession and reflect, that the defendants were not previous to commit, that the defendants did not have any previous punishment power, and that there was no excess punishment power: Imprisonment with prison labor for up to one year and four months, and that one category of the obstruction of performance of official duties (the scope of recommendations) of the Criminal Act;
1. It shall be decided as ordered by the court on the grounds of Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;