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(영문) 서울중앙지방법원 2020.06.09 2020고단1966

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around 00:00 on December 3, 2019, the Defendant damaged the Defendant’s house located in Seoul, by assaulting the Victim C and his/her dependants, who is a legally wife, and his/her father and wife, by entering the Defendant’s assault room, thereby unlocked up and destroying the Defendant’s door, and then leaving one television level equivalent to one million won at the market price of the Defendant and the victim’s joint ownership in the ward.

2. 공무집행방해 피고인은 2019. 12. 3. 00:23경 위 피고인의 집에서, 처 C과 딸 D를 폭행하고, 위와 같이 피고인과 C의 공동소유인 텔레비전을 손괴한 것과 관련하여 ‘빨리 와 달라’는 내용의 112신고를 받고 출동한 서울강남경찰서 E파출소 소속 순경 F가 현장상황을 확인하고, 위 C과 D의 진술을 청취한 후 피고인을 재물손괴죄 등의 현행범인으로 체포하자 화가 나서, 발로 위 경찰관의 배 부위를 1회 걷어찼다.

As a result, the defendant interfered with the handling of the 112 reported case by police officers, protection of people's life, body and property, prevention, suppression and investigation of crimes, arrest of flagrant offenders, etc.

3. From around 00:30 on December 3, 2019 to 01:43 on the same day, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested and detained as a flagrant offender, such as the crime of causing property damage, etc., in the Gangnam-gu Seoul Metropolitan Police Station Emba in Gangnam-gu, Seoul, as described in paragraph (2), and when being taken in custody, he saw the police officer as being under the influence of alcohol, and took a heavy voice for the police officer, such as “ception typia, poppy,” etc.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and D;

1. A written statement;

1. Application of field photographs and video CD-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and the choice of imprisonment).