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(영문) 서울중앙지방법원 2017.10.27 2017고단5002
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, while under the influence of alcohol around 01:00 on June 14, 2017, was urged by the victim D, who is a security guard belonging to the Seoul Police Station C District Unit in the Dongjak-gu Seoul Police Station, who patroled in the vicinity, to have the victim returned to the police station in the vicinity, while he was under the influence of alcohol by around 01:00, the Defendant was urged by the victim to have the victim returned to the patrol vehicle for the patrol duty, and the Defendant was able to drive the victim behind the patrol vehicle for the patrol duty after giving possession of the Defendant’s belongings, and the Defendant was under the influence of several persons, including E, while he was able to do so.

대머리 새끼야! ”라고 욕설을 하고, 계속하여 경찰관에게 욕설을 하면 처벌을 받을 수 있으니 그만 하고 귀가 하라고 하면서 제지하는 피해자에게 “ 병신새끼, 짭새야! 이 대머리! ”라고 욕설을 반복하였다.

Accordingly, the defendant openly insultingd the victim.

2. The Defendant interfered with the performance of official duties at the time, place, etc. set forth in paragraph 1, and as seen above, interested by the Defendant while intending to D guards belonging to the Dongjak Police Station C District D, Seoul, and marked off the number plate of the patrol car that entered the road and set up on the road as a mobile phone, and then contacted D with F.

Sheaker to throw away well

In short, he saw the Defendant by using a large voice, “Wook,” which read as “Woo, if you see on the road,” and D saw the Defendant as “I d., if you see on the road, I am d., by hand, d’s chests and two arms, and d’s assault was committed against D.

Accordingly, the defendant interfered with legitimate execution of duties concerning the security patrol of D, the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Statement of the investigation report;

1. Application of each of the video Acts and subordinate statutes to the screen pictures extracted from screen pictures;

1. Article 311 of the Criminal Act (in the case of insult) and Article 136 of the Criminal Act regarding criminal facts.

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