beta
(영문) 서울서부지방법원 2019.09.26 2019고단1478

공무집행방해등

Text

Defendants shall be punished by imprisonment for four months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2018. 12. 25. 21:00경 서울 은평구 C에 있는 D 법무사 사무실 앞에서, 그곳을 지나가던 피해자 E(39세)의 처에게 ‘어이, 아가씨, 예쁘장하게 생겼네, 안녕’이라고 말하다가 피해자로부터 항의를 받자, 피해자에게 ‘내가 뭘 어쨌는데, 이 새끼야’라는 욕설을 하고 손으로 피해자의 등 부위를 때려 폭행하였다.

2. The Defendants heard statements by dividing them into G and H, a police officer belonging to the Eunpyeong Police Station F police box, who called “the person at the time and place specified in paragraph (1),” and called “the person at the time and place specified in paragraph (1).” While the Defendants attempted to go to the above E and sought statements by separating them from the Defendants, the Defendants attempted to go to go to G, and the Defendant was satise G’s chest by satising off G’s shoulder by hand and drinking it by hand, and Defendant B was h was satd with “A”, and Defendant B was h was h’s chest by hand, and Defendant A was h was satisd with h’s chest by hand and h was satd with her hand.

After that, Defendant B suspended the hearing of statements against the above Party B, reported that Defendant B was to run toward the H, and she was frighted by G’s chest, and Defendant A committed assault against the H’s chest by hand.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness G, H and E;

1. Statement of each police statement of G and E;

1. A H statement;

1. There was no use of violence against victims E or police officers, on-site CCTV CDs and caps photographs, investigation reports (related to the on-site CCTV image verification).

The following circumstances acknowledged by the above evidence, i.e., the CCTV images taken by the situation at the time, confirm the facts of the Defendant A’s assault, and ii) interfere with the performance of official duties.