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(영문) 서울북부지방법원 2020.01.22 2019고단4402
공무집행방해등
Text

A defendant shall be punished by imprisonment for ten months and a fine of 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2019. 10. 1. 00:17경 서울 강북구 B에 있는 골목길에서 행인과 싸우던 중, 112신고를 받고 출동한 서울강북경찰서 C지구대 소속 경위 D, 순경 E으로부터 현행범인으로 체포되어 순찰차에 타게 되자 이를 거부하며 “이 씹새끼야, 개새끼야”라고 욕을 하면서 발로 E의 얼굴과 가슴을 각 1회씩 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, carry in riotous or disorderly manner by uttering or doing rough words or conducts at a public office;

Nevertheless, at around 00:30 on the same day, the Defendant: (a) arrested a flagrant offender at the Seoul Gangseo-gu Seoul Southern Police Station C District District, which is located in F, the Defendant met with a large voice of at least 15 minutes, such as: (b) the Defendant expressed that “A bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” but (c) she expressed a bitch bitch bitch bitch bitch bitch, so that he could avoid a disturbance with a large voice of at least 15 minutes.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTVs for crime prevention and dycam images);

1. Relevant provisions of Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing official duties) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is likely to obstruct police officers from performing their official duties and avoid disturbance at police stations.

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