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(영문) 서울중앙지방법원 2018.02.01 2017고단7382

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 11, 2017, at around 00:02, the Defendant was asked to ask questions about the circumstances and personal matters of the case from the police officer D and E, who was dispatched to the above site after receiving 112 a report on the fact that a person under the influence of alcohol was in a 107-ro 55-ro, Gangnam-gu, Seoul, Seoul.

피고인은 D이 이 사건 경위 및 인적 사항을 물어보는 것에 격분하여, “ 맞짱을 뜨자, 니가 날 이길 수 있냐

”라고 고함을 지르면서 피우고 있던 담배꽁초를 D을 향해 튕기고 머리로 D의 얼굴 부위를 수 회 들이받은 다음 손으로 D의 뺨을 때리는 시늉을 하면서 위협하였다.

Accordingly, the above place was sent together;

E가 피고인을 제지하기 위해 손목을 붙잡자, 피고 인은 위 E에게 “ 씹할 년 아, 썅년아! 여자가 무슨 경찰이야 술집 가서 창녀나 하지 ”라고 욕설을 하며 E의 손목을 잡아 비틀었다.

Defendant continued to be arrested as a flagrant offender of the crime of interference with the performance of official duties from G, who was dispatched to the above site upon the request of E, and exercised tangible force, such as spitation, spitation, etc. on G in the process of taking the wall at the police station, and spitation, etc. on several occasions at the police clothes.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of the statutes on respective statements made to D, E, G, and H;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Taking into account the characteristics of the instant crime and the degree of the type of force the Defendant exercised on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse, and the Defendant’s instant case.