A. (i) The Defendant: (a) around March 28, 2015, the 12th floor marriage brokerage counseling center located in Yeongdeungpo-gu Seoul Metropolitan Government was called out by the police officer upon the report of the said G, but there was no particular suspicion; (b) the police officer issued a penalty payment notification to the Defendant.

The Defendant, without any justifiable reason, was responsible for issuing a penalty payment notice, and was unilaterally forced by a police officer, and thus, the Defendant did not assault a police officer, and the Defendant cannot physically assault a police officer.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. The sentence sentenced by the court below is too unreasonable in light of the fact that the defendant was the primary offender, the fine of the court below is difficult to cope with in consideration of the defendant's economic situation, and the attitude of the act is not heavy.

B. In light of the need to strictly cope with the instant crime interfering with the public prosecutor’s performance of official duties, the punishment imposed by the lower court on the Defendant (five million won in penalty) is too uneased and unreasonable.

2. Determination

A. Article 3 of the Punishment of Minor Offenses Act provides for the act of creating unstables under paragraph (1) 19 as the type of minor crimes (Article 3(1) and each subparagraph of Article 3(2) of the same Act (Article 6(1) of the Punishment of Minor Offenses Act). According to Article 7(1) of the same Act, the head of the police station, the chief of the coast guard office, the chief of the Jeju Special Self-Governing Province branch office, or the chief of the Special Police Agency for Railroad Act may notify a person recognized as an offender (a person who commits an offense) of the imposition and payment of a penalty, clearly stating the grounds therefor.

The Act stipulates.

The judgment of the court below and the trial of the party.