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

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

Punishment of the crime

On September 6, 2017, 01:25, the Defendant used the Defendant to pay a taxi fee and return home to the Defendant by the Party E working for the Incheon Southern Police Station D District, which was called out after receiving 112 reports in front of the Southern-gu Incheon Metropolitan City, Nam-gu, Incheon, the Defendant “Is the Democratic Police to have been assigned to the Defendant”;

Along with the sound of "to bring a suit on human rights," the defendant's sitts were assaulted.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E, F, and G [the defendant and his defense counsel did not exercise the power to the extent that the defendant does not constitute a crime of obstructing the performance of official duties;

The argument is asserted.

In the crime of interference with the performance of official duties, assault refers to an act of exercising a tangible force against a public official who performs official duties, and the assault includes directly and indirectly taking a tangible force against a public official (see Supreme Court Decision 81Do326, Mar. 24, 1981, etc.). According to the evidence of the judgment, it is recognized that the defendant had been under clothes toward a police officer, and it can be viewed as an assault against a police officer, and it constitutes an exercise of tangible force as referred to in the crime of interference with the performance of official

Therefore, the above assertion by the defendant and his defense counsel 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable circumstance: A defendant has no record of punishment, except that he/she has been punished by a fine on one occasion.

Unfavorable circumstances: performance of official duties to police officers.