Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. 공무집행 방해 피고인은 2016. 10. 18. 18:15 경 서울 중랑구 중랑 역로 72 동 구 햇살아파트 단지 내 주차장에서 “ 술 취한 남자가 나가지 않고 행패를 부린다” 라는 112 신고를 받고 출동한 서울중랑경찰서 B 지구대 소속 경위 C으로부터 사건 경위에 대한 질문을 받고 " 나 감방에 집어 넣어 라, 씨 발 왜 나 엮으려고 "라고 말하면서 오른쪽 발로 경찰관 C의 왼쪽 다리를 2회 찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.
2. Around 19:00 on October 18, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) was under the influence of alcohol by stating that the Defendant was arrested as an offender in the act of interference with the performance of official duties, such as the foregoing paragraph (1) at the office located in the Seoul Jung-gu Seoul Central District Police Station B District Office, Jung-gu, Seoul, Seoul; and (b) the police officers at the place where the Defendant was in question, who were under the influence of alcohol, thereby resulting in a very rough and disorderly voice at the government office.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. E statements;
1. Application of Acts and subordinate statutes to the main sentence;
1. Relevant Article 136 of the Criminal Act, Article 136 of the Criminal Act (a violation of the Punishment of Minor Offenses Act), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a violation of the Punishment of Minor Offenses Act), and the choice of fines for the crimes;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Fines of 50,000 to 1060 million won;
2. An unfavorable circumstance is that the nature of the offense is bad, such as assaulting a police officer who is performing a decision of sentence of sentence, etc.
On the other hand, it is favorable that it is against the depth of contingent crimes.
In the above circumstances, the defendant's person.