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1. The defendant shall be punished by a fine of five million won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Punishment of the crime
At around 02:20 on November 5, 2019, the Defendant: (a) reported 112 at “D’s singing room operated by Seocheon-si B; and (b) requested F to calculate and return to the Republic of Korea by the operator F of the region belonging to the Seocheon-si Police Station E District, who was called for the said singing room; and (c) demanded F to verify the Defendant’s identity; (d) it is necessary to verify the Defendant, and (e) used F’s chest part of the said F, which requires the identification card in accordance with Article 26(1) of the Resident Registration Act, by threateninging the said F, with the left hand, and threatening the said F, with a bad hand, and harming the said F, namely, “new”.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement of the accused in the first trial record;
1. The police statement concerning F;
1. Application of investigation reports (verification of cell phone images by a police officer dispatched to the scene), attached data (copic storage CDs), and statutes;
1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: Fine not exceeding 10 million won;
2. The scope of recommending sentencing criteria: Non-application of the sentencing criteria (the selection of fines);
3. Determination of sentence: The Defendant, while under the influence of alcohol, abused a fine of KRW 5 million, threatened the police officer with an insulting speech, frightening the chest and drinking.
The crime of obstruction of the performance of official duties is an offense of undermining the inherent duty of the police that protects the lives and property of the people by nullifyinging the legitimate exercise of public authority, and the circumstances of the above crime do not seem to be such that the defendant's responsibility
However, the defendant's attitude to recognize and reflect all of his crimes.