beta
(영문) 서울중앙지방법원 2017.10.13 2017고단5454

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Interference with performing public duties;

A. On July 29, 2017, the Defendant committed the crime on July 29, 2017, on the front side of the “D” located in Jung-gu Seoul, Jung-gu, Seoul, used 112 police officers who were called up after receiving 112 reports on the compensation for the household’s loss from the said head E and the head of the said head office on the front side of the “D” in Jung-gu, Seoul. On the other hand, the Defendant spited the Defendant by spiting the Defendant’s face of the said G while taking the Defendant’s spit.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of G crimes who are police officials.

B. On July 30, 2017, around 00:20 on July 30, 2017, the Defendant committed the crime, at the 27 Seoul Jung-gu Police Station type department office, which was arrested as a flagrant offender for the above crime, and at the Defendant’s request, assaulted the chest part of the police officer H’s chest part of the police officer, who was assigned the police box of the Seoul Central Police Station Police Station, in order to make the Defendant snife with the Defendant’s hand.

As a result, the Defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of H, who is a police officer.

2. On July 29, 2017, at around 23:02, the Defendant expressed the victim G, a police officer of the police station in Seoul Central District, who was dispatched after receiving a report 112 as prescribed in paragraph 1(a) of the above Article, expressed that “A person is a police officer of the same rank” to the victim G, a police officer of the police station in Seoul Central District, who was dispatched after receiving a report 112 as prescribed in paragraph 1(a) of the above Article.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of witness E and victim H;

1. A complaint filed by G;

1. Application of Acts and subordinate statutes to investigation reports (related to victim G submitted files);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

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. The Criminal Act, the suspension of execution;