Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

피고인은 2019. 5. 18. 03:03경 부산 부산진구 가야공원로 39에 있는 수정터널 밑 지하도에서 범죄예방진단 순찰 중이던 부산진경찰서 B지구대 소속 경장 C, 순경 D을 발견하고 술에 취하여 아무런 이유 없이 “아, 씨발 뭐고”라고 욕설을 하였고, 이에 C 등으로부터 귀가를 요구받자 C이 착용한 조끼에 있던 장갑을 잡아채 바닥에 던지고, “씨발 느그들 뭐고, 경찰서 가서 이야기하자, 개자슥아”라고 욕설을 하면서 주먹으로 D의 왼쪽 광대뼈 부위를 1회 때리는 등 폭행을 가하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement and written statement of the police about D or C;

1. A report on investigation (the sequence 5 in list of evidence);

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, in light of the overall circumstances that are the conditions for the sentencing of the instant case, such as the fact that the Defendant was a first offender with no criminal power, and that he/she would not repeat the same crime as the instant case, and the degree of assault was deemed to have committed contingent crimes under the influence of alcohol, and the degree of assault was not relatively heavy, and the Defendant agreed with the victimized police officer, etc., he/she shall be punished by a fine only once, taking into account the overall circumstances, and the sentence is determined as ordered.