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

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

Criminal facts

피고인은 2019. 11. 3. 06:45 전남 고흥군 B에 있는 C점 앞길에서, 술에 만취한 상태로 잠을 자고 있는 사람이 있다는 112신고를 받고 출동한 고흥경찰서 D파출소 소속 경위 E이 “여기서 잠을 자면 안 됩니다, 집에 모셔다 드릴게요”라고 말하자, “니들이 뭐냐”라고 큰 소리로 말하면서 손으로 위 E의 멱살을 1회 잡아당기고 발로 위 E의 오른쪽 무릎을 2~3회 찼으며, 주먹으로 함께 출동한 고흥경찰서 D파출소 소속 경위 F의 왼쪽 턱을 1회 때렸다.

As such, the Defendant assaulted E and F of the police box affiliated with the Goung Police Station, thereby obstructing the police officers’ legitimate execution of their duties regarding the protection of life, body, and property of the people.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Each written diagnosis;

1. 112 Statement of handling reported cases, and application of Acts and subordinate statutes to photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of obstructing the legitimate execution of official duties by a defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order by assaulting police officers is not very good.

However, under the circumstances, the Defendant appears to have a profoundly against his own mistake, there is no history of criminal punishment prior to the instant case, and the health status is not good upon the diagnosis of dysulatory brain or sulatory disorders on March 29, 2018, etc., the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and various sentencing conditions indicated in the records, such as the circumstances after the instant crime, shall be determined as ordered by taking into account the following factors.