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(영문) 의정부지방법원 고양지원 2015.03.10 2015고단94

공무집행방해

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant B

A. On January 10, 2015, the Defendant: (a) around 15:00, at the top of the Goyangyang-gu D apartment complex, Goyang-gu, Seoyang-gu, Goyang-gu; and (b) at the same time, the Defendant, on the ground that A, who performed drinking, had expressed a desire to do so notwithstanding his/her age; (c) held the victim F’s market value in front of the Defendant “E” at the same time, was 40,000 won in his/her hand, and laid down the table for the customer entertainment, and then caused the damage to its utility by breaking the table of the above table and destroying it.

나. 모욕 피고인은 전항 기재 일시 및 장소에서, 위와 같이 행패를 부리고 있다는 신고를 받고 출동한 고양경찰서 G지구대 소속 피해자 경위 H에게 신고인인 I 가게 주인 및 주민들이 보는 앞에서 ‘씨발 씹새끼들’이라고 욕을 하고 함께 출동한 피해자 경장 J에게 ‘애가 더 좃같애 씨발 새끼들’이라고 욕을 하여 공연히 피해자들을 모욕하였다.

2. Defendant A, at the time and place of paragraph (a) of Article 1, and at the same time and place under the influence of alcohol, frank B and fals, as set forth in paragraph (a) of Article 1, sent to Defendant A upon receipt of a report, demanded to produce identification cards by the circumstances belonging to the Goyang Police Station G District G District, H and J, who called into the Goyang Police Station, and demanded to produce identification cards, and on a timely basis, assaulted the aboveJ’s left side balp bucks once.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and J;

1. Each statement of K, L, and F;

1. Application of each statute on photographs;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) A: Defendant B: Article 366 of the Criminal Act; Article 311 of the Criminal Act; Article 311 of the same Act;

1. (Defendant B) Of concurrent crimes, the former part of Article 37 of the Criminal Code; and