Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person with a mental disability of Grade III.
On July 5, 2020, around 16:35, the Defendant, at the early entrance of the C police station located in Seoul, directed C police station at C police station located in B, D (the remaining, 22 years old), a police force for the C police station's duty to take the C police station's lawsuit under the influence of alcohol, ordered D (the remaining, 22 years old) to “anyway,” but, on the ground that C police officer's duty to take the lawsuit under the influence of alcohol did not comply with the above D's order, assaulted D's hand, etc. one time by drinking, on the ground that C police officer was soliciting him to return home without complying with the order.
Accordingly, the defendant interfered with legitimate execution of duties concerning guard duties of auxiliary police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A investigative report (Attachment toCCTV images) and video CDs;
1. Investigation report (attaching photographs on the upper part of the body);
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to work place);
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is a crime of this case where the defendant walked to the auxiliary police officers on duty without any reason and assaults them to interfere with legitimate execution of official duties, and the nature of such crime is not good.
However, there is no history of punishment for the same kind of crime after the defendant was sentenced to a suspended sentence for a crime of violence in around 1986, and there is only a previous conviction of a fine, the defendant is not in a state of health with disabilities of class 3 with mental disorder, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex behavior, environment, family relationship, and circumstances before and after the crime, shall be comprehensively considered.