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A defendant shall be punished by imprisonment for a period of seven months and a fine of six hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. On September 30, 2019, around 22:50 on September 30, 2019, the Defendant invadedd the victim C’s products freezing store located in Yongsan-gu Seoul Metropolitan Government.
2. 공무집행방해 피고인은 제1항과 같은 날 23:20경 서울시 용산구 E 소재 F지구대에 인치되어 신분증 제시를 요구받자 화가 나 F지구대 소속 순경 G의 낭심 부위를 1회 발로 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
3. 경범죄처벌법위반 피고인은 제1항과 같은 날 23:20경부터 23:40경까지 제2항 기재 F지구대에서 술에 취한 채 경찰관들을 향해 "씨발 새끼들아", "넌 이름이 뭐냐", "내가 도대체 뭘 잘못을 했는데 그러냐 "라고 말하며 몹시 거친 말과 행동으로 관공서에서 주취소란 행위를 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Written Statements of C, H, I, and J;
1. Application of investigation reports (CCTV image verification) and CCTV video-related Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act (Influence of structure, Selection of Imprisonment), Article 136 (1) of the Criminal Act (influence of performance of public duties, Selection of Imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fine) of the Punishment of Minor Offenses Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. On the other hand, under Article 334(1) of the Criminal Procedure Act, the following facts are different: (a) prices of a police officer’s suit in his/her performance of official duties, assaults, and takes a bath within the police zone; and (b) the person’s disturbance was committed; and (c) there was no record of punishment exceeding a fine (two times) and confessions and reflects it; and (d) the Defendant’s age, character and conduct, family relationship, economic condition, and crime is committed.