공무집행방해등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. On October 17, 2017, the Defendant committed assault against the victim on the ground that the victim’s behavior does not appear in mind in the process of calculating the victim’s E (n, 20 years of age) and drinking at D stations located in Mapo-gu Seoul Metropolitan Government around October 17, 2017.
2. Around October 17, 2017, the Defendant: (a) committed assault, such as spitation, etc. on the face and body of the above G on the ground that the slope G belonging to the F District of Mapo-gu Seoul Police Station, dispatched after receiving a report by 112, confirmed the details of the report; and (b) he/she returned the above E; (c) on the ground that he/she committed assault on the face and body of the above G twice.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to G and E;
1. Each statement of H and I;
1. Application of Acts and subordinate statutes to the parts of the damage, photographs, and a report statement 112;
1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifyinging legitimate exercise of public authority, and requires punishment corresponding thereto. Meanwhile, the defendant reflects each of the crimes of this case, there is no record of punishment for the same kind of crime, victim and victim police officer have deposited some money under the name of compensation for damage, and other factors such as the defendant's age, sexual behavior, environment, motive and circumstance of each of the crimes of this case, means and method, and circumstances after the crime.