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(영문) 서울동부지방법원 2015.09.09 2015고단1999

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 2, 2015, at around 23:40 on July 2, 2015, the Defendant: (a) expressed that the Defendant would be suspected of driving under the influence of alcohol in front of Gangdong-gu Seoul, and that the victim D (35 years of age) and E (54 years of age) who is a police officer belonging to the Seoul Gangseo Police Station C District Group of the Seoul Gangseo Police Station, called the Defendant to leave the vehicle on the vehicle; (b) the Defendant expressed the desire to “I see whether I fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright of d's buckbuck and fright of fright, walking the fuckbbbuck and fright of E, a police officer belonging to the C District, who was called to the site after receiving a request for support.

As a result, the Defendant interfered with the police officer’s legitimate performance of duties concerning the maintenance of public peace and order and the prevention, suppression, and investigation of crimes, and at the same time, the Defendant inflicted an injury on D with a multi-lock in need of approximately 2 weeks of treatment, E with a drilling base requiring approximately 4 weeks of treatment, and F with a base and tension on the left-hand level requiring approximately 2 weeks of treatment.

2. 경범죄처벌법위반(관공서주취소란) 피고인은 2015. 7. 3. 00:05경 서울 강동구 G에 있는 서울강동경찰서 C지구대에서 술에 취한 채로 그곳에 있는 경찰관에게 "경찰관 이 개새끼들아, 내가 뭘 잘못 했냐, 수갑 풀어라."라고 욕을 하는 등 약 40분 동안 몹시 거친 말과 행동으로 주정하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs and investigation reports (Submission of diagnosis reports by victims);

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the same Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act, concerning facts constituting an offense;

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

1. The punishment of an injury by choice of punishment shall be punished by imprisonment;