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(영문) 서울북부지방법원 2020.02.27 2019고단4963
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:50 on August 3, 2019, the Defendant obstructed the performance of official duties by: (a) around 00:50 on the street of Gangnam-gu Seoul Metropolitan Government, the Defendant obstructed the front of the C-gu public officials D belonging to the C-gu Office where parking control is conducted; (b) obstructed the front of the F-gu vehicle on board the vehicle where parking control is conducted; (c) cut off the front part of the C-gu vehicle; and (d) took a bath to the said public officials, such as “protruding the front part of the C-gu vehicle”, and prevented the said public officials from operating the C-gu

Accordingly, the defendant interfered with legitimate execution of duties concerning parking control of public officials in the Gu office.

2. Around 01:30 on August 3, 2019, the Defendant insultd the victim publicly by referring to “pather,” the police officer, etc., “pather, she shall not be a police officer, she shall not fat, she shall do so, she shall not be a police officer, she shall do so, she shall not fat, she shall do so, she shall do so, fat, fat, fat, fat, fat, fat, fat of bitch, fat of bitch, fat, and fat of internal organs, but she is dead,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D or E (Obstruction of Performance of Official Duties);

1. The police statement concerning G;

1. A letter of accusation regarding the preparation of G;

1. Investigative reports (on-site rents and surrounding CCTVs) and CCTV reproduction at K cafeterias;

1. Application of investigation reports (to attach visual images of official police phones voluntarily produced by a police officer victimized by an insulting police officer) and the application of Acts and subordinate statutes related to video recording of police official duties, business portable phones, and CDs;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Act is performing the duty of parking control.

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