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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Around March 18, 2018, the Defendant assaulted the victim C (27 tax)’s face face in Seoul Special Metropolitan City, Nowon-gu, with the back door from “sing practice place” to the back door without any justifiable reason, and assaulted the victim C (27 tax)’s face part as his/her employee.
2. 공무집행 방해 피고인은 2018. 3. 18. 22:00 경 제 1 항 기재 장소에서 위 범죄사실로 현행범인 체포되어 같은 날 22:05 경 서울 관악구 D에 있는 서울 관악 경찰서 E 지구대로 인치되어 의자에 앉아 있던 중, E 지구대 소속 경위 F가 피고 인의 인적 사항을 확인한다는 이유로, 갑자기 위 경찰관의 뒤로 다가가 발로 그의 오른쪽 옆구리 부위를 걷어찼다.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. C’s statement;
1. A report on investigation (the confirmation of CCTV inside the E District), a report on investigation (the discovery of CCTV images in the G singsing CCTV and the confirmation of the contents thereof).
1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of each fine for a crime (the fact that there is no record of punishment of imprisonment without prison labor or heavier, details of the crime, etc.);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;