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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2019. 9. 28 00:03경 수원시 권선구 B에 있는 ‘C’ 앞길에서, 사람들이 싸우고 있다는 112신고를 받고 출동한 수원서부경찰서 D지구대 소속 경장 E(남, 30세)이 신고 관련 경위를 파악하기 위해 피고인에게 “선생님, 무슨 일 있으신가요.”라고 묻자 “이 씨발놈아! 이리와 봐!”라고 욕설을 하며 E의 허벅지와 복부를 발로 차고 주먹을 휘두르는 등 E을 폭행하였다.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Application of the police protocol F to the police interrogation protocol E to the defendant's legal statement, and the photographic Acts and subordinate statutes related to the case in G to each statement of the defendant;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is that the crime of obstructing the performance of official duties causes an assault to a public official performing legitimate duties and thereby causes damage to the function of the state that he/she performs, and thus, the damage therefrom ultimately leads to the general public. Therefore, it is necessary to punish
The defendant, under the influence of alcohol, took a bath and assault against a police officer who intends to help him/her without any reason. In this respect, the nature of the crime is not good.
However, there is no criminal record except for the defendant who has been sentenced to a fine on one occasion due to drunk driving for nine years prior to his/her confession.
In such circumstances, the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime are considered, the punishment as ordered shall be determined.