Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2015. 7. 16. 23:05 경 파주시 D에 있는 E 렌트카 앞 노상에서 술에 취하여 도로를 뛰어다니는 등 소란을 피우다가 112 신고를 받고 출동한 F 지구대 소속 경장 G이 피고인을 제지하자 “ 씨 발 새끼야, 꺼져 ”라고 욕설하며 갑자기 G의 배 부위를 1회 발로 차고, 이에 현행범인 체포되어 파주시 H에 있는 F 지구대로 연행되었으나 이에 불만을 품고 G의 배를 발로 1회 찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of a witness I;
1. Each statement made to G and J;
1. Application of Acts and subordinate statutes to a criminal investigation report (hereinafter referred to as "video analysis");
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that considering the characteristics of the instant crime committed by a police officer with the reason for sentencing of a provisional payment order, considering the characteristics of the Defendant’s lawful performance of official duties, the Defendant’s resistance was considerably low even after being transferred to the police office, the Defendant’s recognition of the instant crime was committed, the Defendant was an initial offender with no criminal history, and the receipt of a letter as a police officer, and other conditions of sentencing such as the Defendant’s age, sex behavior, family relation, history of the instant case, circumstance of the instant case, and the progress thereafter, the sentence as indicated in the disposition shall be determined by comprehensively considering the following factors