Text
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 October 16, 2019, at around 03:50 on October 16, 2019, the Defendant was seated at the middle of the road front of convenience C located in Ulsandong-gu B, and was discovered to E by the police officers belonging to the Ulsan East Police Station D District, which patroled.
The Defendant: (a) sought to return home from the above E; (b) took a bath to the above E; (c) carried the chest of the above E in body; and (d) carried the said E in drinking.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.
The crime of this case is a crime committed against a police officer who has legitimate execution of duty, and the nature of the crime is heavy, the possibility of criticism is significant, and the crime of obstruction of performance of official duties is a crime that interferes with legitimate performance of duties by a public official, and the public authority of the State and thus requires strict punishment: The defendant is aware of his/her crime and reflects his/her mistake in depth; the defendant's exercise of one tangible force against a police officer who has suffered damage does not reach a severe level; the crime of this case did not cause harm to the life or body of a police officer who has suffered damage; the degree of obstruction of performance of official duties does not seem to be significant; the defendant is punished by the crime of property damage in 207.