beta
(영문) 서울중앙지방법원 2017.08.25 2017고단4463

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

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

Reasons

Punishment of the crime

1. On May 11, 2017, at around 03:25, the Defendant: (a) reported the following 112: (b) around the front day of the Gangnam-gu Seoul Metropolitan Government C Building; (c) around 112, customers and time guards on the main points in the C Building; and (d) the police officer E, who belongs to the Seoul Gangnam Police Station D commander, who arrived at the scene, cannot compulsorily open the above main points corrected to the Defendant.

설명하자, E에게, “ 씹할, 경찰 니들이 하는 게 뭔 데, 병신 새끼들. 빡빡 머리 개새끼야, 한 판 뜨자! 넌 나한테 죽어, 임 마! ”라고 욕설을 하면서 E의 얼굴에 침을 1회 뱉고, 이어 주먹으로 E의 가슴 부위를 1회 때리고, 발로 E의 다리 부위를 차, E에게 폭행을 가하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported case by E, a police officer.

2. The Defendant was arrested as a current offender of the crime of interference with the performance of official duties at the time, place, and place specified in paragraph 1, and was transferred to the Seoul Gangnam-gu Seoul Gangnam Police Station D box located in Seoul, Gangnam-gu.

On May 11, 2017, from around 03:35 to 04:30 of the same day, the Defendant: (a) at the above box from around 03:35 to around 04:30 of the same day; and (b) to the police officer working at the above box while under the influence of alcohol, “Chewing bit of bitbit of bitch.”

R. N. N.N. T.N. T.N.T.

Along on about 55 minutes, a person, who takes a bath to “Sicks,” expressed a riotous and disorderly speech and behavior in a riotous manner at a government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Statement prepared by G;

1. The application of the video-related Acts and subordinate statutes to certified video CDs without recording the cancellation of the owner of a government office;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact of disturbance for revocation of the principal and choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.