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

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

Punishment of the crime

피고인은 2019. 11. 3. 21:55경 고양시 일산서구 B아파트 C호에 있는 주거지에서 처 D과 몸싸움을 하던 중 가정폭력 112 신고를 받고 출동한 일산서부경찰서 E파출소 소속 순경 F과 경위 G이 피고인을 분리시키고 거실 소파에 앉아 있게 하였으나, 흥분한 상태에서 처에게 “커피를 타달라”고 소리치고, 위 경찰관들로부터 조용히 있으라는 요청을 받자 화가 나, 오른발로 위 순경 F의 복부 부위를 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

Summary of Evidence

1. Application of the police's protocol of interrogation of the suspect H to the police's statement statement F of the defendant's court statement

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The statutory grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order: The sentencing guidelines are not applied since a fine is chosen from KRW 50,00 to KRW 10,000: The sentencing guidelines are not applicable. The Defendant, upon receiving a report of domestic violence, has obstructed the performance of official duties by the police officer.

It is a crime that directly exercises physical power on the police officer's body, and the degree of physical power exercised is not less than that of the police officer.

However, the defendant shows the appearance of recognizing and opposing his mistake.

Although there was no agreement with the victimized police officer, the injured police officer expressed his/her intention that he/she does not want to punish the accused at the investigation stage, and deposited KRW 1 million to recover the damage of the victimized police officer.

Although the defendant has been sentenced to a fine several times for a crime of dual species in the past, there is no record of punishment for a crime of the same kind.

The age, character and conduct, environment, method of crime, and method of the defendant.