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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
On September 21, 2019, around 04:40, the Defendant: (a) received 112 report at the entrance of the “public parking lot for funeral No. 4” located in Yongsan-gu, Mangdong-gu, Mangsan-si, 20-28, to the effect that “any male and female are forced to enter the vehicle,” and (b) made a statement on a reported case to C, a police officer belonging to the Dong-dong Police Station B District Unit of the Dong-dong Police Station, the Defendant: (c) provided the said police officer with the desire to “a son,” and carried the said C’s breast part by body.
Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is not good that the defendant's act of sentencing on the grounds of Article 334 (1) of the Criminal Procedure Act of the provisional payment order not only interferes with the police officers' duty to maintain order, but also promotes a light of legal order and public authority.
On the other hand, it is against the defendant's wrong recognition.
The type of force exercised by the defendant or the degree of obstruction of performance of official duties is relatively minor.
There is no record of punishment heavier than that of the same crime or fine for the defendant.
The sentence as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after the crime.