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(영문) 서울북부지방법원 2019.02.19 2018고단4380

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On April 24, 2015, the Defendant was sentenced to 4 years of imprisonment with prison labor and 1.5 million won for fraud, etc. at the Seoul Northern District Court, and on December 4, 2015, the same court was sentenced to 4 months of imprisonment with prison labor for the crime of aiding and abetting a criminal, etc. and completed the execution of the sentence at the 1st prison of the Northbuk Northern Northern District Court on January 11, 2018.

【Criminal Facts】

1. 모욕 피고인은 2018. 9. 6. 00:12경 112에 전화하여 “처가 식구들을 다 죽이겠다, 찾아와 봐라.”라고 신고하고, 이에 서울성동경찰서 B지구대 소속 경위 피해자 C(51세)이 같은 날 00:21경 위와 같은 신고를 받고 서울 성동구 D 앞 노상에 출동하여 피고인에게 신고 경위를 묻자 함께 출동한 경찰공무원 및 E 등 행인들이 듣고 있는 가운데 피해자에게 “야 씹새끼야, 대머리, 빡빡이, 돼지새끼, 병신새끼들.”이라고 욕설하여 공연히 피해자를 모욕하였다.

2. On September 6, 2018, the Defendant continued to interfere with the performance of official duties, at around 00:21, the place indicated in the foregoing paragraph 1., and at around 00:21, the Defendant threatened C of the Seoul Sungdong Police Station B to the circumstances of the Seoul Sungdong Police Station, “I will come to know whether I would come to move, die, die, die, die, satis, and satis for 5 years from Cheongong, I am to Cheongwa, I am with F(mph) G-type, provoking, and I am for an extended period of more than once, so I am to sather family members who were killed in the police, and thereby interfere with the legitimate performance of duties by police officers regarding the handling of police officials’ reports on the performance of duties by threatening 112.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to judgments, etc.);

1. Relevant Article 136(1) and Article 311 of the Criminal Act and the choice of a fine for the crime, the relevant provision of the Criminal Act, the choice of a punishment, and the choice of a fine;

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