Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 21, 2015, at around 02:54, the Defendant: (a) received a report from 112 that he was under the influence of alcohol on the floor of “Cmaart” located in Jung-gu Seoul, Jung-gu, Seoul; (b) notified the police officer E in charge of the operation of the Seoul Central Franc Police Station D police box, who was called out, and the police officer, notified the Defendant of the Defendant’s home address and carried the Defendant on board the patrol vehicle.

피고인은 같은 날 03:10경 서울 중랑구 G에 있는 피고인의 집 앞에 도착한 후 위 E으로부터 집에 들어갈 것을 권유받자, 아무런 이유 없이 위 E을 향해 주먹을 휘두르고, 계속하여 이를 제지하던 위 E의 정강이를 발로 차고, 그로 인해 위 E이 피고인과 함께 바닥에 넘어지자 발로 위 E의 얼굴과 손등을 수회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E and F;

1. A photograph of each damage;

1. Application of H’s written Acts and subordinate 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, upon receiving a report from the principal offender, exercised violence against the police officer who aided him/her to return home, and the police officer in the police box to commit suicide is disadvantageous to him/her.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the facts charged in the instant case and reflects his mistake; (b) the Defendant was the first offender; (c) was drunk; (d) the Defendant was still young; (c) the Defendant has been yet aged; (d) the Defendant’s character and behavior, intelligence and environment; (e) relationship with the victim; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime were committed.