Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2016. 5. 2. 21:05경 인천 남구 B에 있는 C 앞에서 피고인이 소란을 피운다는 112신고를 받고 현장에 출동한 인천남부경찰서 D지구대 소속 경사 E으로부터 귀가할 것을 권유받자 화가 나, "씨발놈아 내가 뭘 잘못했는데, 이 씨발놈아 뒤질래, 가라고 이새끼야"라고 욕설을 하며 손바닥으로 E의 경찰모를 1회 내려쳐 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on site departure;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although it is necessary to strictly punish police officers who have exercised their tangible power for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the act of exercising their tangible power, the punishment as ordered shall be determined by taking into account the favorable circumstances such as the fact that the defendant has recognized and reflected his/her mistake, the degree of tangible power exercised by police officers is relatively minor, and there is no penal power or penalty power exceeding the fine due to the same crime, and other various sentencing conditions such as the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.