A defendant shall be punished by imprisonment for up to eight months and a fine of up to 500,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

피고인은 2020. 9. 15. 01:30경 서울 마포구 B에 있는 마포경찰서 C파출소에 술에 취한 채 찾아가 피고인이 무전취식으로 적발된 사건에 관해 항의를 하며 그곳 경찰관들에게 ‘내가 왜 무전취식이냐, 씨발놈들아 집에 안 간다‘라며 파출소 출입문 앞에 누워서 소리를 지르는 등 난동을 부리고, 이에 위 파출소 소속 순경 D(남, 28세)로부터 귀가할 것을 권유받자 주먹으로 위 순경 D의 몸을 때리고 발로 위 순경 D의 다리를 걷어찼다.

In this respect, the defendant, for about one hour, had a very rough and disorderly speech and behavior in a public office, and interfered with the legitimate execution of duties concerning the prevention of a police officer's crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of CCTV-related Acts and subordinate statutes to the written statement prepared by the police record E to D;

1. Relevant Article 3 (3) 1 of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties and the choice of fines at the government offices), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 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) and (2) of the Criminal Act of the suspended execution;

1. The reason for sentencing Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished several times as a crime of violence and obstruction of performance of official duties.

From the fact that the crime of this case was committed by the public office, it is necessary to strictly punish the defendant due to poor nature of the crime in that it prevents police officers from exercising their legitimate duties by exercising violence.

However, in full view of all other circumstances, including the fact that the defendant recognized each of the crimes in this case and against the mistake, the degree of assault, age, character and conduct of the defendant, and circumstances before and after the crime, etc., the sentencing conditions specified in the records and arguments in this case.