Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

피고인은 2020. 5. 15. 00:20경 남양주시 B에 있는 ‘C’ 호프집에서 술에 취하여 소란을 피우던 중, 112신고를 받고 현장에 출동한 남양주경찰서 D파출소 소속 경장 E(남, 30세)으로부터 귀가를 요청받게 되자 경장 E에게 삿대질을 하면서 소리를 지르고, 계속하여 호프집 밖으로 나와 경장 E의 등을 잡아당긴 후, 손바닥으로 가슴을 밀고, 출동한 경찰관들의 진로를 막다가, 이윽고 현장을 벗어나려는 순찰차량의 진행을 막아서며 차량 보닛을 손바닥으로 내리쳤다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (refusal submission), investigative report (refusal image verification), photographic image verification, and investigative report (explic image verification at the site of the case);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the election of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by a fine) of the provisional payment order (applicable not to the sentencing criteria) of the Defendant’s crime of this case prevents a police official’s legitimate performance of his duties, and thus, in order to establish the State’s legal order and eradicate a light of the public authority, it is necessary to strictly punish a crime against the public authority. Thus, the circumstances and the nature of the crime do not change.

However, there are various kinds of circumstances, such as the Defendant’s age, character and conduct, family environment, motive, means and consequence, etc., which are the primary offender who has no criminal record, the Defendant’s primary offender who has no criminal record, the Defendant sought death from the victim by finding a police station directly after the instant crime, the degree of violence is relatively excessive.