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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
1. The Defendant interfered with the performance of official duties, i.e., on September 13, 2016, 112 telephoneed from Pyeongtaek-si B at around 01:07, thereby leaving the phone at around 112.
"," and the police box of the Pyeongtaek-gu Police Station C sent to this site was confirmed to be a fine twice from the police box D belonging to the police box of the Pyeongtaek-gu Police Station, and was arrested, and was sitting at the back seat of the patrol box No. 35.
피고 인은 위 D이 조수석에 앉자 아무런 이유 없이 왼쪽 발로 D의 왼쪽 얼굴 부위를 1회 걷어찼다.
As a result, the defendant assaulted a police officer who was performing legitimate duties in relation to arrest of a prisoner, thereby hindering the execution of official duties.
2. On September 13, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) was brought in to the police box of Pyeongtaek Gyeong Gyeong Police Station C around 01:50 on September 13, 2016; and (b) was under the influence of alcohol, and “I sphers are placed in the line.”
D. D. D. 40 p.m., “This ar.” expressed a great voice between 40 minutes.
Accordingly, the defendant, while drunk, breathedly and scam very roughly.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the police against D;
1. E statements;
1. Application of Acts and subordinate statutes to an investigation report (No. 1 of the evidence list), a written statement of the State employees, and a report on the arrest of fines;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The alleged defendant voluntarily reported to 112 and revealed that he was a person who was discharged from a fine unpaid. The police gear stipulated in the Act on the Performance of Police Officers' Duties at the time when the police officer forced the defendant to go to the patrol vehicle.