Text
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On April 14, 2019, at around 18:20, the Defendant: (a) received a 112 report from the Songpa-gu Seoul Olympic Games, 140 divings, which was located on the first floor underground, and sought to return home from C, who was called “the rule of law of the Republic of Korea, a police officer seated, and died”; (b) assaulted C, such as: (c) the face of C who continued to investigate the details of the report, and (d) attempt to keep the arms of C as soon as possible.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each written statement prepared D and E;
1. Application of the statutes on photographs of damage C
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 sentencing guidelines do not apply to the case where a person selects the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.
The defendant assaulted a victimized police officer in the course of performing his/her duties to interfere with the legitimate execution of duties, and the liability for such crime is not easy.
However, the fact that the defendant recognized the crime of this case, deposited one million won for the victimized police officer after the closing of argument in this case, and there is no record of criminal punishment except for fines imposed once before 20 years, and there is no record of criminal punishment, and the fact that there was no record of punishment for obstruction of performance of official duties, etc. are considered as favorable to the defendant.
In addition, the defendant's age, character and conduct, degree of assault used, motive and circumstance of the crime, means and consequence of the crime, various sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.