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(영문) 서울중앙지방법원 2014.09.25 2014고단5690
공무집행방해등
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On May 29, 2014, at around 02:45, the Defendant: (a) received a 112 report in front of the E convenience store located in Gangnam-gu Seoul, as a drinking box; and (b) received a request from the injured party G (39 years old) of the Seoul Suwon Police Station, who was called out after receiving a 112 report; (c) made a request to make the above G’s wood section and tension for the victim’s treatment for about three weeks; and (d) obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports.

나. 모욕 피고인은 2014. 5. 29. 03:00경 서울 강남구 H 소재 F파출소에서 피고인의 친구인 B 등 일행 2명이 있는 자리에서 피해자 G, I, J에게 “씹할 새끼들이 지금 장난치나, 어차피 이거는 개새끼들이 개쇼하는 거라서, 씹할 식구들 가서 얘기하겠지. 밥숟가락으로 모가지에 밥 그냥 넘기며. 씹할, 인간이냐 , 씹할 새끼들이 민중의 사시미야”라고 큰 소리로 말하여 공연히 피해자들을 모욕하였다.

2. On May 29, 2014, Defendant B: (a) around 02:45, the Defendant: (b) obstructed the Defendant’s lawful execution of duties in relation to the arrest of a police officer in flagrant offender, by breaking the back part of the victim’s back part of the police box, in order to prevent the victim’s failure to arrest the said A as a flagrant offender; and (c) interfered with the Defendant’s lawful performance of duties in relation to the arrest of a police officer.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning J, G, I,K, L, and M;

1. Sound recording files and CCTV video CDs;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Recording-related, recording files, and CCTV attachment);

1. Defendants of pertinent legal provisions concerning criminal facts: Articles 136 and 136 (1) and 257 (1) of the Criminal Act; Defendant A: Article 311 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty;

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