공무집행방해
1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 10, 2018, around 22:35, the Defendant: (a) prior to the exit of the subway No. 2, the subway No. 2, the subway No. 3, the Busan Jin-gu, Busan, and the Defendant was reported to assault E, and (b) the F District of the Busan, Police Station G (38 tax) and Habman (27 tax) dispatched by the Defendant upon receiving a report of assaulting E, the Defendant prevented the Defendant; and (c) “Plows, Shees, and Habs, equally.”
G. G. L. L. L. L. L. L. L. L. L. L. L. L. L. L. and L. L. L. L. L. L. L. L. L. L.
In addition, the defendant was arrested as the current offender and was faced with the face of G and H while going to the F.
Accordingly, the defendant assaulted two police officers who perform the duties such as reporting processing and criminal investigation.
Summary of Evidence
1. Statement by the defendant in court;
2. Each police statement made to G, H and E;
3. Application of the I’s written law;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against G with heavier punishment).
3. Selection of an alternative fine;
4. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.
1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and
2. The sentencing criteria are not set with respect to the decision of fine for sentencing.
In this case, the defendant committed violence to two police officers dispatched after receiving a report from the service personnel in subway stations during night time, and interfere with the execution of their official duties, and the nature and circumstances of the crime are not good.
Such crimes are highly likely to be subject to criticism because they interfere with police's duties in charge of public security affairs in society.
Due to the defendant's crime, G and H seem to have suffered considerable mental shock and pain in addition to physical damage.
However, the defendant seems to have committed the crime of this case in a flexible manner under the influence of alcohol, and due to that, the physical damage suffered G and H.