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(영문) 서울중앙지방법원 2020.02.13 2019고정2701

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 18, 2019, the Defendant violated the performance of official duties by: (a) around 22:40 on March 18, 2019, and (b) on the part of the Seoul Jongno-gu Seoul Jongno-gu Police Station C District District; (c) the security guards D and patrolmen assigned to the Seoul Jongno-gu Police Station C District forces, by taking measures to prevent the reporting person from blocking the Defendant’s vehicle and by taking measures to ensure that the reporting person would operate the vehicle; and (d) the reporting person repeatedly urged the Defendant to return home, but the Defendant refused to comply with such measures, and d

As a result, the defendant interfered with the legitimate execution of police officers' duties concerning the protection of life, body and property of the people.

2. 모욕 피고인은 성명불상의 시민들이 지켜보고 있는 제1항 기재 일시, 장소에서 귀가를 권유하는 피해자 D, E에게 "어유 씨발 쪽팔린 줄 아냐 새끼야, 놔봐 등신아, 이 씨발놈아 왜 쪽팔려, 야 씨발 쪽팔린 줄 알아라, 씨발 진짜 야 짭새 쪽팔린다.“라고 욕설하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to E, D, and F;

1. Each complaint filed by E and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (on the spot-time police officer's Handphone image analysis), a criminal investigation report (on the screen image), a criminal investigation report (on the spot-256 CCTV analysis), and a criminal investigation report ( on the confirmation ofCCTV image, etc.);

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;