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(영문) 서울중앙지방법원 2015.04.07 2014고단5935

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. 폭행 피고인은 2014. 8. 9. 23:30경 서울 관악구 C에 있는 ‘D’ 실내포장마차에서 술을 마시던 중, 옆 테이블에서 술을 마시던 피해자 E(45세)가 피고인을 쳐다보았다는 이유로, 무릎으로 피해자의 다리를 치고, 손으로 피해자의 어깨를 밀고 팔을 끌어당기고, 손으로 피해자의 옷을 잡아당기고 발로 피해자를 2회 찼다.

Accordingly, the defendant assaulted the victim.

2. The Defendant damaged property damage on the ground that the husband of the Victim F, who is the owner of the business, at the time and place specified in Paragraph 1, said that the husband of the Victim F, “I am under the influence of alcohol, I am good if I am under the influence of alcohol,” thereby damaging the damaged property on the market by destroying the backer and flowers of the victim’s Otobane owned by the victim.

3. Around 00:00 on August 10, 2014, the Defendant was arrested as a flagrant offender on the grounds, such as Paragraph 1, at the H District District of Seoul Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu (Seoul Special Metropolitan City Gwanak-gu). The Defendant: (a) told police officers to “a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and (b) expressed the Defendant’s personal information, “a bitch bitch bitch bitch bitch,” and “a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son, etc.” (a) sent to police officers on the earth.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to photograph damage to property;

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.