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

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

Punishment of the crime

1. From October 3, 2016 to around 20:00 on the same day, the Defendant obstructed the victim’s legitimate restaurant management business by force for about one hour, i.e., spraying the beer who was drinking in a garbage box, smoking tobacco, and throwing the beer on the floor without any justifiable reason within the food “E,” which the victim D, working as an employee in Namyang-si, Nam-si.

2. The Defendant interfered with the performance of official duties in the above daylight and in front of the above restaurant, the Defendant was unable to confirm the above facts, arrest the Defendant as the current offender, and put the Defendant on the back seat of the patrol vehicle.

이후 피고인은 옆자리에 앉아 있던 피해자의 안경을 손으로 강제로 벗겨 바닥에 던지고 계속해서 손으로 피해자의 머리채를 잡아 흔들며 발로 피해자의 얼굴을 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who were in charge of 112 reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. A medical certificate;

1. On-site CCTV and CDs;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A crime interfering with the performance of official duties is committed by a police officer significantly undermining the pride of the police officer and his/her will to work, resulting damage to the general public ultimately goes to the general public; the degree of assault is against the instant crime; and the best use, which appears to be an actual business operator, is punished against the Defendant in interference with his/her duties.