The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인은 2017. 11. 4. 04:40 경 부산 사상구 B에 있는 C 앞길에서, 피고인과 피고 인의 일행이 같은 날 04:20 경 부근에서 술에 취해 폭력행위를 한다는 112 신고를 받고 부산사상 경찰서 D 지구대 소속 경찰관 E 등이 현장에 출동하여 신고자들 로부터 피해 진술을 청취하던 가운데, 피고인은 경찰관들의 제지에도 불구하고 신고자들에게 다가갔고 이를 위 E 등이 제지하자 갑자기 발로 E의 무릎 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the protection of citizens.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Each statement of H and I;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

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

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse, KRW 100,000 per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (the crime of obstructing the performance of official duties requires strict punishment as a crime prejudicial to the function of the State by nullifying a legitimate exercise of public authority). However, it is decided as above on the ground that not only the defendant was the first offender, but also the police officer in charge of assault, paid a certain amount for the recovery of mental damage by the victimized police officer, etc., and the damaged police officer did not want the punishment of the defendant.