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

On October 19, 2017, at around 23:30, the Defendant was under the influence of alcohol in the front of the 106-dong, Busan, Busan, the Defendant’s dwelling place. At around 23:30, the Defendant, upon receiving a report from 112 of the witness, proposed two police officers, such as D District Guard E, etc., on the ground of the arrival of the police officer, who called “Meman E, Geman, Geman, Geman, Geman, and Geman,” sent a bath to “Meman, Geman, Feman, Geman, Feman, Feman,” and obstructed the police officer’s legitimate performance of official duties concerning the control of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report;

1. Application of statutes on site photographs;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel held that the Defendant was physically and mentally weak at the time of committing the instant crime.

However, in light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime, etc., which were acknowledged by the evidence as seen earlier, the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

subsection (b) of this section.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of committing the instant crime.

Even though the defendant predicted his behavior that is likely to commit a crime after drinking, he was not in a state of mental and physical weakness.

Therefore, the above act by the defendant as above constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, the mental and physical weakness cannot be mitigated.

Therefore, the defendant and his defense counsel's above assertion.