Defendant shall be punished by a fine of five million won.

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

Criminal facts

On April 15, 2017, the Defendant: within the main point of “D” located in Kimhae-si C, around 00:50 on April 15, 2017; on the ground that the Defendant, upon receiving a report of 112 that he would have avoided a disturbance under the influence of alcohol, solicits G to return home by the police officer F and policeman belonging to the police station E zone belonging to the Jung-gu, Kimhae-gu, the Defendant called for.

”라고 소리치며 F의 얼굴을 향해 주먹을 휘두르고, 발로 F의 오른쪽 정강이 부위를 1회 차고, 피고인을 제지하는 순경 G의 오른쪽 정강이를 발로 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendant alleged to the effect that, at the time of the instant crime, the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime. However, in light of the criminal background, content and method of the crime, Defendant’s behavior before and after the instant crime, etc., which may be duly admitted and examined by the instant court, the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the Defendant, include the following: (a) the Defendant’s mistake was pened in depth and reflected; (b) there are some circumstances to consider the motive and background leading to the instant crime; and (c) the Defendant has no other criminal records except that he was punished once by a fine due to a violation of the Act on the Establishment of Local Reserve Forces in around 1997.

On the other hand, the obstruction of the performance of official duties is detrimental to the function of the state's legal order by nullifying the legitimate exercise of public authority.