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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 2, 2019, the Defendant, at around 00:22, 00, expressed a great voice to the players around the B apartment Cdong, who were under the influence of alcohol at the next intersection of the B apartment Cdong, and was committing an act of disturbing drinking, such as d.a., the Defendant, upon receiving 112 reports from other cases, sent to the above intersection, and took the action of disturbing drinking on the ground that there is a risk of crime from the border belonging to the D District of the C District of the 112 Report Report, the Defendant avoided the act of disturbing drinking on the ground that he was in danger of crime from E, and assaulted E on the part of the body part of E, such as “c. d. h.,” and f.e., assaulted E once in the body part of E with a single smuggling and a hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and maintenance of public order.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A report on investigation;
1. Application of a DNA-camp video CD-related statute;
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. The act of obstructing the performance of police officer's duties by committing an act, such as taking a bath to a police officer and assaulting a police officer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, by drinking alcohol, is not an act that prevents the police officer from performing his/her duties.
In order to establish the law and order of the state and eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of performance of official duties.
However, considering the fact that the defendant has no record of punishment in excess of a fine, the fact that the defendant recognized the crime of this case and divided his mistake, the punishment as ordered shall be determined by taking into account various circumstances such as the defendant's age, character and conduct, environment, relationship to the victim, circumstances of the crime, means and consequence, and the circumstances after the crime.