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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
At around 05:00 on June 19, 2014, the Defendant, together with B and C, discussed with C the alcohol at the “Eju shop located in Suwon-si, Suwon-si”.
피고인은 신고를 받고 현장에 도착한 F지구대 소속 경장 G에게 ‘넌 그냥 꺼지라’는 취지로 욕설을 하고 피고인에게 다가가려는 위 G의 손목을 잡아 밀고, 이후 현행범으로 체포되어 순찰차에 타면서 순경 H의 허벅지를 수회 발로 찼다.
As a result, the defendant interfered with the execution of duties concerning police officers' prevention and control of crimes, and legitimate execution of duties concerning arrest of flagrant offenders.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police statements made to H, G, and I;
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. According to the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the police officer, while under the influence of alcohol, attempted to arrest the defendant as a crime of insult, etc., and assaulted during the course of resisting the defendant's behavior.
It is difficult to readily conclude that such arrest does not meet the requirements for arrest and illegal.
Even though it seems somewhat excessive, there are some circumstances to consider the circumstances of the crime.
Furthermore, considering the fact that the defendant's mistake, the degree of violence is not serious, the punishment was determined by considering the age, character and behavior, environment, circumstances after the crime, etc. of the defendant.