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

피고인은 2016. 7. 29. 15:15 경 대전 광역시 동구 C 앞 노상에서 술에 취하여 누워 있던 중, 112 신고를 받고 출동한 대전 동부 경찰서 D 지구대 경위 E이 경찰관 임을 밝히고 도와주려 하자 별다른 이유 없이 위 E에게 욕설을 하고, 왼발로 위 E의 왼손을 걷어찼으며, 시각 장애인용 지팡이를 위 E을 향하여 휘둘러 위 E의 왼 손목을 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the 112 reporting handling duties by the police officers.

Summary of Evidence

1. Statements in each of these courts by witnesses E, F and G;

1. Photographs;

1. 112 Report handling table of the 112 Report case [the defendant denies the crime to the effect that he does not walk the hand of a police officer or display a stick for the disabled person. However, according to each of the above evidence, the defendant's scam to a police officer and display a stick, respectively, and even if the defendant did not deem that he was a police officer from the first grade perspective, there is an intentional act that interferes with the performance of official duties, at least for the police officer to display his scam or stick, who intends to take protective measures as above.

【Recognition】

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. All the sentencing circumstances should be considered, including the following: (a) the Defendant, who is a disabled person of Grade I with visual disability in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, appears to have committed any contingency due to interest or psychological chilling under the influence of alcohol at the lower line at the time of the instant case; (b) the degree of assault is minor; and (c) the police officer, who is the victim of assault, gives testimony at this court and gives a possible preference to the Defendant while making a testimony.