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

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

Punishment of the crime

On October 23, 2018, around 00:55, the Defendant interfered with legitimate execution of duties, such as patrol and maintenance of order, etc., for the life safety of the Autonomous Police Officer, by making a petition to the Defendant under the influence of alcohol and soliciting him/her to return home, the circumstance D belonging to C, in which he/she was called upon upon receipt of the 112 report, with the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (voluntary conversation E) and telephone communications;

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is an unfavorable circumstance, where the Defendant had committed an act of violence against a police officer called out after receiving 112 report, and thus, the nature of the crime is not negligible.

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, the fact that the type of the defendant's exercise is very heavy, the fact that the defendant appears to have committed a contingent crime by drinking, and that the defendant has no record of punishment exceeding the same crime or fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1 (In the case of choice of fine, the sentencing criteria do not apply).