1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

On October 10, 2012, at around 00:55, the Defendant appeared to the site on the road in front of the building of the Korean bank located in the Jindong-gu Kimhae-si, Kim Young-si, and around that time, she observed the alcohol and reported it to 112, and Kim Jong-gun sent it to the site by an assistant assistant D and assistant E belonging to the police station C commander of the police station, for the handling of a report by a juice.

The police officers above carried the defendant under the influence of alcohol, and they carried the defendant several times, but did not cause any danger to the road, and carried the defendant on the patrol vehicle on October 10, 2012 to hand the defendant over to his/her guardian. The police officers served the defendant on the patrol vehicle around 01:05.

그 후 위 경사 D이 뒷좌석에 승차한 피고인을 재차 흔들어 깨워 순찰차에서 하차하게 한 후 피고인에게 파출소로 동행하게 된 경위를 설명하고, 주거지와 인적사항을 묻자 피고인은, “몰라 새끼야, 개짭새 새끼야.”라고 욕설을 하며 경사 D의 상의 근무복 멱살을 잡아 흔들며 주먹으로 왼쪽 턱을 2회 때리고, 머리로 가슴을 수회 들이받아 폭행하고, 파출소 출입구 옆 화분을 집어던지고 주차장에 주차된 F 마티즈 뒷 유리창을 주먹으로 세게 내려치며 머리로 들이받는 등 난동을 부려 신고처리 업무 중인 경찰관의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

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

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

3. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that he/she intends to go to house at the police station. Since the Defendant’s act was committed during the process of illegally arresting and resisting by a police officer, the Defendant’s act constitutes self-defense.

2. According to the evidence of each judgment, police officers are classified as follows.