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

1. Around January 28, 2018, at around 09:40, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance between about 10 minutes, by drinking her husband and drinking alcohol with her husband at “D cafeteria” operated by the victim C in Seongdong-gu Seoul, Seongdong-gu, Seoul, and by drinking with her husband and drinking alcohol.

2. 공무집행 방해 피고인은 위 제 1 항의 일시 장소에서, 손님의 112 신고를 받고 현장에 출동한 서울 성동 경찰서 E 지구대 소속 경위 F 외 2명이 소란을 피우는 피고인을 제지하자 경위 F의 음경과 음낭 부위를 오른발로 1회 차고, 피고인을 공무집행 방해 현행범으로 체포하여 순찰차에 탑승시키려 하자 오른발로 경위 F의 오른쪽 다리를 1회 찼다.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant does not interfere with another person's business, and assault the police officer in the course of performing official business to the extent that the defendant does not interfere with another person's business; the circumstances favorable to the need for strict punishment: The defendant is led to confession and reflect; the victim of the obstruction of business is not subject to the punishment of the defendant; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and other circumstances after the crime.