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(영문) 서울서부지방법원 2020.04.08 2020고정166

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 21, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around 03:10 on August 21, 2019, on the front of the “C” convenience store in Eunpyeong-gu Seoul, Seoul; and (b) on the ground that police officers belonging to the Seoul Central Police Station D District Unit require the Defendant, who received and dispatched the 112 report, to move out the Defendant, who is being accumulated on the road on the road to a safe place to prevent danger, on the ground that the police officers belonging to the Eunpyeong-gu Seoul Central Police Station D District Unit require the Defendant to move to a safe place.

Accordingly, the defendant had a very rough and disorderly speech at a place where many people frequent.

2. The Defendant, at the time and place set forth in the above paragraph (1) above, who received 112 report and demanded the victim F, who was a police officer, to move to a safe place, and four citizens who were in the vicinity, insultingly insulting the victim by saying, “the victim is bitch bitch, bitch, bitch, bitch bitch bitch,” and openly insulting the victim.

3. On August 21, 2019, the Defendant was arrested as a flagrant offender in violation of the Punishment of Minor Offenses Act from G, a police officer belonging to the Seoul Bupyeong Police Station D District D District, on August 21, 2019. In order to resist this, the Defendant assaulted the victim’s chest twice in his/her hands, and harming the victim beyond the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each investigation report (verification of a police officer's photographic image, and investigation of witness H phone);

1. Application of the Acts and subordinate statutes on CDs of safafic images and safic images;

1. Relevant provisions of the Punishment of Minor Offenses Act, Article 3(1)20 (a) of the Punishment of Minor Offenses Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines for the crimes;

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