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(영문) 서울중앙지방법원 2015.01.29 2014고단6743

공무집행방해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On August 23, 2014, at around 23:45, the Defendant: (a) expressed that the “EM store” located in Gwanak-gu, Seoul Special Metropolitan City, was under the influence of alcohol; (b) the slope G belonging to the Seoul Gwanak Police Station F District, which was called out after receiving a report of 112 that the customer was under the influence of alcohol, used the Defendant’s speech that “Is the Defendant’s walk “Is to Chewing, Isten as soon as possible.”

계속하여 피고인은 위 ‘E주점’ 앞길에서 같이 출동한 경위 I이 위 H에게 집으로 데려다 줄지 여부 등을 확인하자 위 G에게 “꺼져라 짭새 새끼들아”, “개새끼들이 별것도 아닌 것들을 죽여 버리겠다. 니네들이 왜 참견이냐, 국회의원을 불러 옷을 벗겨버리겠다”라고 욕설을 하면서 손으로 G의 가슴을 2회 밀치고, 발로 G의 낭심을 1회 걷어차는 등으로 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

2. On August 23, 2014, at the front of the place specified in paragraph (1) around 23:50, the Defendant was arrested as a flagrant offender under the suspicion of obstruction of performance of official duties, and damaged the Defendant’s passage to the front seat of the patrol seat, and the market price of the patrol vehicle, which is an official object, cannot be identified, by going outside the front seat of the patrol seat.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or I's legal statement;

1. Partial statement of the witness H in the court;

1. Each police statement made to J, G, and I;

1. On-site CD images;

1. Application of the Acts and subordinate statutes to the photographs made out of damage;

1. Relevant Articles 141 and 136 (1) of the Criminal Act concerning criminal facts. Article 141 and Article 136 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. At the time of the instant case, the police officers are living together with H when determining the assertion of the defense counsel under Articles 70(1) and 69(2) of the Criminal Act.