1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

At around 03:00 on April 29, 2014, the Defendant tried to take a face of the Daejeon Middle-gu Police Station C, which was called on the street in front of the Daejeon-gu, Daejeon-gu, Daejeon-gu and performed official duties after receiving 112 reports, and obstructed the duties of legitimate police officers for about 10 minutes, including: (a) whether C is not properly subject to drinking control; (b) whether C received money from the site; and (c) whether C received money from the site; and (d) whether C interfered with the duties of legitimate police officers for about 10 minutes, such as preventing the front of the police vehicle (D) departing from the performance of official duties and preventing the close of the driver’s seat.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of E;

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 defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act constitutes a passive resistance or dissatisfaction, and thus, it does not constitute an assault, which is an element of the crime of obstruction

However, the crime of obstruction of the performance of official duties is established by assault or intimidation against a public official performing his duties. Here, assault includes not only the exercise of direct tangible power but also the act of indirectly exercising tangible power against a public official (see Supreme Court Decision 98Do662, May 12, 1998). The defendant's act of obstructing a police officer from opening the door of the police vehicle can be seen as the exercise of direct or indirect tangible power against a police officer.

Therefore, the defendant and defense counsel's assertion in this part is without merit.

The reason for sentencing [the range of punishment to be imposed] 10 million won or less (the sentence to be sentenced] is favorable: it is unfavorable that it is against the establishment of a crime regardless of whether it is established.