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(영문) 서울북부지방법원 2019.10.16 2019고단2638

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 3, 2019, at around 00:15, the Defendant: (a) refused a victim’s taxi operating in the Yong-gu distribution of Nam-gu, Busan; and (b) refused a victim’s demand for getting off the taxi without responding to any question of the victim’s destination; and (c) the victim requested the police officer to move the said taxi to the Ho-gu to assist the police officer in the future; and (d) obstructed the victim’s taxi business for about 18 minutes by continuously refusing the said taxi without saying the police officer’s destination, even when the police officer called out.

2. The Defendant was arrested as a flagrant offender at the above time and place, and was brought to the Busan Southern Police Station D and office.

피고인은 같은 날 03:20경 위 사무실에서 피고인에 대한 수사자료표를 작성 중이던 위 경찰서 소속 경찰관인 경사 E에게 “너거 감싸주는 것 아니냐, 좃 같은 것”라고 욕설을 하며 E의 오른쪽 어깨를 손으로 내리치고, 이를 제지하는 같은 경찰서 소속 경찰관인 경위 F의 옆구리를 꼬집고 비틀어 위 경찰관들을 폭행하였다.

As a result, the defendant interfered with the police officers' legitimate execution of their duties concerning criminal investigation and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused (third time);

1. Protocol of the police statement concerning B;

1. Each statement of E and F;

1. Each investigation report (not more than 22, 41, 46, 61, 64, 71 pages of investigation records);

1. A photograph, a receipt, or a photograph of a motion picture closure;

1. Of the facts charged against the Defendant in the video CD, the part that “the Defendant interfered with the performance of official duties” of slope E is insufficient to recognize the Defendant’s sale of E, and there is no other evidence to acknowledge it. Thus, the Defendant should be acquitted on this part.

(b).