Text
A defendant shall be punished by imprisonment for four months.
Reasons
Criminal facts
[Criminal Power] On August 19, 2020, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties by the Seoul Northern District Court on November 14, 2020 and the judgment became final and conclusive on November 14, 2020.
【Criminal Facts】
1. Around 02:50 on May 5, 2020, the Defendant publicly insultingd the victim by referring to “C,” the victim’s circumstances, a police officer affiliated with the Seoul Central Police Station D Zone D District, who was called out after receiving 112 report that “A” was located in Jung-gu Seoul, Jung-gu, Seoul, stating that “A” was “A” in front of the post-Saebide burial, and “A” and “A person interfered with business due to the discovery of an abnormal person,” and referring to “A person who is a police officer affiliated with the Seoul Central Police Station D District D Zone D District,” the Defendant’s inquiry about personal information was defective, and the Defendant’s inquiry was made about his/her personal information, and the victim’s 112 reporter F and multiple actors are heard with a large voice.”
2. At around 02:50 on May 5, 2020, the Defendant: (a) notified the police officer E, who was dispatched after receiving 112 report, that he would be subject to punishment for insult by insult; (b) and (c) by hand, sent the E’s body part of E at one time.
Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers, protection of people's lives, bodies and property, prevention, suppression and investigation of crimes, arrest of flagrant offenders, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written statement;
1. Investigation report (related to insulting images of a suspect);
1. A criminal investigation report (C Costs CCTV investigation);
1. Investigation report (Assault images of a suspect police officer);
1. Application of Acts and subordinate statutes as a result of investigation (the result of police assault and video viewing by police officers);
1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.