Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Criminal facts

At around 00:40 on June 21, 2015, the Defendant: (a) 112 reported that “any danger of accidents may occur due to human being sitting on a road,” and (b) d’s hand, i.e., about to remove the Defendant to the outside of the road to ensure safety, such as the prevention of traffic accidents, etc., of the Goyang Police Station C District of the Goyangyang Police Station, which was called to the site, sent the Defendant at one time a part of D’s back to drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTVs regulating parking and stopping);

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 circumstances or the nature of the instant crime are not good for committing the instant crime, instead of assaulting a police officer who seeks to escape a defendant who was seated on a road while drinking the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, thereby obstructing the legitimate performance of official duties.

It is necessary to strictly punish the accused when considering the fact that the accused has long been punished for the same kind of crime even though he/she has long been punished.

However, a fine shall be selected and punished by taking into consideration the favorable circumstances, such as the means of obstructing the performance of official duties, the degree of obstructing the performance of official duties, etc., and the fact that the crime of this case is deemed to have been committed contingent, the fact that one's mistake is recognized and reflected, and there is no record of punishment exceeding the fine after 193.

In addition, the defendant's age, character and conduct, environment, criminal records, economic circumstances, motive, means, results, etc. shall be punished as ordered in consideration of the circumstances after the crime is committed.