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(영문) 서울북부지방법원 2020.02.27 2019고단4842

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 6, 2019, the Defendant: (a) around 01:48, 201, the Defendant: (b) obstructed performance of official performance of official duties; (c) obstructed from G in the background leading up to the Seoul Nowon-gu Police Station F District, where he was carrying out patrol, and tried to escape from the said G’s hand when he was asked about his personal information; and (d) was able to ask questions about his personal information.

Accordingly, the above G tried to arrest the defendant as a flagrant offender such as the damage of property.

The Defendant, while resisting at the port, assaulted the chest and shoulder part of the above G by pushing ahead.

Accordingly, the defendant interfered with police patrol and legitimate execution of duties concerning arrest of flagrant offenders.

2. 모욕 피고인은 같은 일시 및 장소에서 위 D과 다수의 행인이 있는 자리에서 피해자 G에게 “이 씹할 놈들아, 병신 새끼, 짭새 새끼야”라고 수회에 걸쳐 욕설을 하여 공연히 피해자를 모욕하였다.

3. While the Defendant was arrested pursuant to the above G at the same time, at the same place, and was aboard the patrol vehicle, the Defendant got off the back part of the patrol vehicle’s left side and walked off on several occasions, etc.

Accordingly, the defendant damaged the above patrol vehicles used by public offices to use 662,551 won for repair costs, thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A complaint filed for G production;

1. A investigation report (an investigation related to a written estimate for repair No. 53) and a written estimate for repair attached thereto;

1. Investigation report (related to damage to goods for public use);

1. Application of Acts and subordinate statutes to patrol pictures;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;

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