Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2018. 9. 29. 18:34경 제천시 B 인근 도로에서 술에 취하여 바닥에 쓰러져 있던 중 112신고를 받고 출동한 제천경찰서 C지구대 소속 경위 D로부터 인적사항을 요구받자 욕설을 하며 D의 팔 부분에 가지고 있던 배를 던졌고, 계속하여 공무집행방해죄로 현행범 체포되어 제천경찰서 C지구대로 인치된 이후 다시 경위 D로부터 인적사항을 요구받자 욕설을 하며 D의 허벅지 부분을 1회 찼다.
Accordingly, the defendant interfered with the police officer's protection measures and legitimate execution of duties concerning the investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of statutes on site photographs;
1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:
Unfavorable circumstances: The Defendant abused a police officer on duty, such as protective measures for persons in need of relief, and obstructed the performance of official duties.
The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.
The favorable circumstances: The mistake is recognized and reflected.
The degree of tangible force used for violence is relatively heavy.
The defendant has no record of criminal punishment for the last twenty nine years.