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

피고인은 2016. 7. 8. 01:11경 서귀포시 B 소재 사거리 단란주점에서, ‘손님들끼리 싸운다’는 112신고를 받고 출동한 서귀포경찰서 C파출소 소속 경사 D으로부터 사건 경위에 관한 질문을 받자 술에 취하여 인사불성인 상태에서, 쓰고 있던 안경을 벗어 위 D에게 던지고, D으로부터 다시 안경을 건네받자 아무 이유도 없이 “야 씨발놈아, 야이 새꺄“라고 욕하면서 오른손으로 위 D의 왼쪽 턱 부위를 1회 때려 경찰공무원의 질서유지에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was under the influence of alcohol and committed the instant crime by directly assaulting the body of the said police officer. In order to establish the national legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime against public authority, such as obstruction of performance of official duties.

However, although the defendant has been punished several times due to the crime of this case, such as the confession of the crime of this case, the defendant's mistake is divided, and the defendant has been punished three times due to violent crimes, there is no record of criminal punishment exceeding the public authority's crime or fine, the sentencing precedent in similar cases, the defendant's age, character and behavior, environment, the degree of assault committed by the defendant to the damaged police officer, the means and consequence of the crime, the circumstances after the crime, and various sentencing conditions shown in the records and arguments shall be determined as ordered by the order, taking into account all of the following factors.