Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

피고인은 2017. 12. 25. 19:15 경 창원시 의 창구 B에 있는 C 상점에서, 피고인이 소란을 피운다는 내용의 112 신고를 받고 출동한 창원 서부 경찰서 D 지구대 소속 경찰관 경위 E로부터 신분증 제시를 요구 받았다는 이유로, E에게 “야 이 개새끼야, 니가 경찰이 가 ”라고 욕설을 하며 발로 E의 정강이 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendant and his defense counsel’s assertion on the Defendant and defense counsel in each police statement protocol against F and E alleged that the Defendant had mental and physical weakness due to alcohol and mental fission, etc. at the time of the instant crime. However, in light of the circumstances, contents and methods of the instant crime and the Defendant’s behavior before and after the instant crime, etc., which can be duly admitted and examined by the court, the Defendant had weak ability to distinguish things at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the Defendant, include the following: (a) the Defendant’s mistake was pened in depth; and (b) there are some circumstances to consider the motive and circumstance leading to the instant crime.

On the other hand, the obstruction of the performance of official duties not only interferes with the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the general public's safety, so there is a need for strict punishment corresponding thereto, and there is a considerable number of records of punishment for violent crimes against

In addition, the instant crime was committed.