Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On March 27, 2014, around 11:05, the Defendant controlled traffic offenses from the slope C of the Government Police Station in the vicinity of the Government Sub-si in order to prevent traffic offenses on the roads near the Government Sub-si Hospital, and obstructed the legitimate performance of public duties of police officials by spiting down the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act does not constitute the crime of obstruction of performance of official duties on the face of the victim because he does not directly spit the victim's face.

However, in relation to the crime of obstruction of performance of official duties as stipulated in Article 136 of the Criminal Act, an assault refers to an act of exercising a tangible power against a public official who performs official duties, and the assault includes direct or indirect acts, and the intimidation as stipulated in the same Article refers to a notice of harm and injury that may arouse people, or the method thereof is not to be used in language, document, direct, indirect, or specification or rhetort.

(See Supreme Court Decision 81Do326 delivered on March 24, 1981). In light of this, according to the evidence duly admitted and investigated by this court, the defendant maintains himself as a signal violation of his own, and the defendant, even if the victim started first, after driving the vehicle, has access to the victim's side by driving the vehicle, and then has spit down the spit towards the victim while taking a bath to the victim while driving the stoke. This is an indirect exercise of force against the victim.