Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2019. 11. 2. 22:19경 부산 서구 B에서 피고인의 폭행 혐의에 대한 112신고를 받고 현장에 출동한 부산서부경찰서 C지구대 경위 D과 순경 E로부터 현행범인으로 체포되자, 순찰차에 탑승하기를 거부하며 위 D의 낭심을 손으로 만지고, 위 D의 허벅지 부위를 1회 걷어차고, 계속하여 순경 E의 복부를 찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to interfere with the performance of official duties by exercising a direct force on the body of the police officer dispatched upon receipt of the report, and the nature of the crime is very bad, and there is a high possibility of criticism compared to ordinary assault crimes.

However, the defendant shows his attitude to repent and reflect his wrongs later, and there has been no history of punishment for the same kind of crime or for the past ten years.

In addition, the sentence shall be determined as per the order, comprehensively taking into account the following factors, such as the defendant's age and behavior environment, motive means, results of the crime, and circumstances after the crime, and the sentencing conditions shown in the records

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, at around 22:05 on Nov. 2, 2019, was a victim F (31 years of age) located in Seo-gu Busan Metropolitan City as an employee, “if the Defendant prepares for the death of a sprinker, sprinking, sprinking, and sprinking to the width,” without a clear reason, at the G convenience store in which the victim F (31 years of age) working in Seo-gu, Busan Metropolitan City as an employee, she goes out of the part of the Defendant after leaving the victim’s seat.