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(영문) 서울남부지방법원 2019.01.30 2017고단6284

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of five hundred thousand won.

When the defendant does not pay a fine.

Reasons

Punishment of the crime

1. On December 5, 2017, the Defendant: (a) received 112 declaration in front of the “Ccafeteria” located in Gangseo-gu Seoul Metropolitan Government, on the street; (b) and received 112 declaration, the Defendant used assaulting the police officers E and F, belonging to the Seoul Gangseo Police Station D Zone D Zone D, who called out, to have been urged to return home from E and to take a bath; (c) threatened with the Defendant’s body, harming the Defendant’s body, booming the e-mail, leaving the e-mail; and (d) threatened the F with drinking, and f’s f’s e-bat, hand, f.

The Defendant assaulted and threatened police officers E or F, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and maintenance of order.

2. The Defendant violated the Punishment of Minor Offenses Act was arrested as a flagrant offender committing a crime of obstruction of performance of official duties, such as Paragraph (1), and was brought to the Seoul Gangseo Police Station D.

그러자, 피고인은 2017. 12. 6. 00:00경 서울강서경찰서 D지구대에서, 근무 중인 경찰관들에게 “야이 짭새새끼들아, 씹할 새끼들아”, “내가 술 먹고 무엇을 잘못 했냐 ”라고 욕설을 하고, 바닥에 침을 뱉고 그 곳 테이블을 발로 차고 그 곳에 있던 의자를 끌고 화장실에 들어가려고 하는 등 약 60분간 행패를 부렸다.

The Defendant, while under the influence of alcohol, had a very rough and disorderly speech or behavior at a public office.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement of E;

1. Statement of the police statement concerning F;

1. Investigation report (the act of obstructing the performance of official duties by a suspect and the analysis of dynamic images of acts of disturbing or disturbing the owner of public offices);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing performance of official duties at the government office) concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. As to the crime of obstruction of the performance of official duties on the punishment.