Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

At around 05:00 on June 19, 2014, the Defendant, together with B and C, drinked the alcohol at the “Eju shop located in Suwon-si, Suwon-si, Suwon-si,” but both B and C were dissatisfied with the influence of alcohol.

B은 신고를 받고 현장에 도착한 F지구대 소속 경장 G에게 ‘넌 그냥 꺼지라’는 취지로 욕설을 하고 G의 손목을 잡아 밀고, 이후 현행범으로 체포되어 순찰차에 타면서 순경 H의 허벅지를 수회 발로 찼다.

The Defendant, at the same time and place, was cut from the border G to the right arms after the Defendant intended to arrest a flagrant offender B at the same time and place, and followed the Defendant’s personal seal on the part of the I arms in the process of arresting a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. B Legal statement;

1. Application of each police protocol to G and I

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. According to the reasoning of the sentencing of Article 334(1) of the Criminal Procedure Act, the police officer, while under the influence of alcohol, attempted to arrest B as a crime of insult, etc., and Defendant’s behavior committed assault in the course of resisting B.

It is difficult to readily conclude that such arrest does not meet the requirements for arrest and illegal.

Even though it seems somewhat excessive, there are some circumstances to consider the circumstances of the crime.

Furthermore, taking into account the fact that the defendant's mistake is divided, the punishment was imposed by considering the age, character and conduct, environment, and circumstances after the crime.