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

1. Around 20:00 on February 18, 2015, the Defendant interfered with business, within the “E” restaurant of the victim D operation in Gangseo-gu Seoul Metropolitan Government, the Defendant interfered with the operation of the victim’s restaurant by force for about one hour, by, for about one hour, the victim’s disturbance, such as: (a) the breabb customer and his/her employees under the influence of alcohol; (b) the breab customer and his/her employees; and (c) the booming

2. 공무집행방해 피고인은 2015. 2. 18. 20:51경 제1항 기재 “E” 식당에서, 112신고를 받고 출동한 서울강서경찰서 F지구대 소속 경찰관인 경위 G로부터 귀가할 것을 권유받았으나 계속하여 위 식당 바닥에 침을 뱉는 등 소란을 피우다가 위 G에 의해 업무방해의 현행범으로 체포당할 지경에 이르자, 입으로 위 G의 근무복 오른쪽 어깨 견장을 물어뜯고, 계속하여 발로 서울강서경찰서 F지구대 소속 경찰관인 경장 H의 왼쪽 정강이 부분을 1회 찼다.

Accordingly, the Defendant interfered with the above G and H patrol and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the I, H and G;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly admitted and investigated, although the Defendant was in a certain state of drinking, he did not have the ability to discern things or make decisions due to the fact that the Defendant had no capacity to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act;

1. The defendant, who is selected as a selective fine, seems to have reached this case by chance under the influence of alcohol; and