When the defendant does not pay the above fine, 100,000 won.

피고인은 2017. 12. 13. 01:30 경 수원시 권선구 B 건물 1 층 엘리베이터 앞에서, ‘ 술에 취해 잠들어 있는 사람이 있다’ 는 취지의 112 신고를 받고 현장에 출동한 수원 남부 경찰서 C 지구대 소속 순경 피해자 D이 피고인에게 귀가할 것을 권유하였다는 이유로 양손으로 피해자의 어깨를 밀치고, 발로 피해자의 정강이 부분을 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers related to the 112 Report Processing, and at the same time, the victim left the left-hand side requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling lists and investigation reports (verification of symptoms);

1. Application of Acts and subordinate statutes to photographs and diagnostic reports of victims;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is deemed to have been committed by assaulting a police officer dispatched to assist the defendant upon receiving 112 reports under the influence of alcohol by the defendant, and the nature of such crime is not weak.

However, in light of various circumstances, such as the defendant's age, sex, environment, relationship with victims, motive, means and consequence of the crime, etc., the sentencing conditions stated in the record shall be determined as ordered in consideration of the following: (a) the defendant who was under the influence of alcohol appears to have committed the crime of this case by contingency; (b) the defendant was punished for obstruction of performance of official duties or violent crimes; and (c) the defendant has no record of being sentenced to a suspended sentence or heavier punishment for other crimes; and (d) the defendant's age, sex, environment, relationship with victims, motive, means and consequence of the crime.