Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

피고인은 2016. 11. 12. 23:10 경 서울 종로구 자하 문로 5, 경복궁 역 2번 출구 앞 도로에서, 민중 총궐기 집회 등에 참가 하여 다른 사람들과 함께 청와대로 행진하던 중, 서울지방 경찰청 3 기동단 B 소속 경찰공무원 피해자 순경 C 등을 비롯한 경찰들이 집회 참가자들의 청와대 진입을 저지하는 것에 불만을 품고, 피고 인의 앞에 서 있던 피해자에게 달려들어 피해자의 오른쪽 얼굴 부위를 주먹으로 2회 때리고 피해자의 정강이 부위를 발로 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of crimes by the victim who is a police officer, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes to photographs of situation at the assembly;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include the following: (a) the Defendant’s mistake was pened in depth and reflected; (b) there are some circumstances to consider the motive and circumstance leading to the instant crime; and (c) the Defendant has no other criminal history except for a fine imposed once by driving under the influence of alcohol.

On the other hand, the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the safety of the general public.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, and health status, were determined as the same type of punishment as the order.