beta
(영문) 서울서부지방법원 2015.02.11 2014고단1208

공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On March 27, 2014, Defendant A’s insultd the victim by asking the details and personal information of the report by the police box belonging to the Seodaemun Police Station, the victim, who was dispatched by the Seodaemun-gu Seoul (Seoul) on the street in front of the E cafeteria, after receiving the report of the assault case 112 on March 27, 2014, Defendant A’s insultd the victim by openly insulting the victim by asking the details of the report and personal information of the police box belonging to the Seodaemun Police Station, which was the victim.

2. Defendant B’s obstruction of performance of official duties: (a) viewed that the above G, at the date and time, at the place specified in paragraph (1), was to obtain identification cards from Defendant A, who is the same criminal defendant; and (b) the slope H, who is next to the defect that the said G attempted to do, prevented the Defendant.

Accordingly, the Defendant, “I ambling, I ambling,” and obstructed a police officer’s legitimate performance of duties concerning the handling of 112 reported cases.

3. Defendant A’s obstruction of performance of official duties at the date, time, and place mentioned in paragraph (1), reported that the above H was arrested B as a flagrant offender and tried to board the patrol vehicle by committing the act of obstructing performance of official duties as seen above, and the above H’s face was taken once as drinking.

계속하여 피고인은 같은 날 23:45경 서울 서대문구 I에 있는 F파출소에서 위와 같은 공무집행방해 행위 등으로 현행범으로 체포되어 온 후 위 H에게 “야 씹할 놈아. 너는 내가 가만히 안 놔둬. 이런 씹할 놈아. 개새끼야. 너를 내가 나가서 가만히 안 놔두겠다.”라고 소리치고, 위 H의 얼굴에 침을 뱉는 등 경찰공무원의 현행범체포 등에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendants’ partial statement

1. A witness G and H’s legal statement;

1. Statement of police statement related to G and H;

1. Sound file CDs;

1. Application of the Acts and subordinate statutes to the complaint;

1. Defendant A of pertinent legal provision regarding criminal facts: Articles 311 and 136(1)2 of the Criminal Act; Article 136(1)1 of the Criminal Act