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(영문) 청주지방법원 2019.07.04 2019고단703
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. At around 04:00 on March 29, 2019, the Defendant: (a) reported that he did not pay drinking and drinking alcohol at the main point of “C” located in “Cheongju-si, Cheongju-si; (b) and (c) sent to the police officer affiliated with “D Zone D Zone D Zone D”, a police officer affiliated with “Cheongju-si,” intended to take a defective bath in order to verify the Defendant’s contents of the report; (c) carried the shoulder part of E one time by hand; (d) the police officer affiliated with the D Zone D Zone D Zone F, a police officer affiliated with the D Zone D Zone B, took the f’s arms, and f puts it over the F’s arms, and interfere with the police officer’s legitimate performance of duties who performs the duty of reporting and handling 112 reports at one time by hand.

2. 모욕 피고인은 위 1항의 일시, 장소에서 위 주점 직원 G 등 2명이 있는 상태에서 신고를 받고 출동한 경찰관인 피해자 F, 피해자 E, 피해자 H에게 “야 이 씹새끼들아, 니네는 뭐냐, 야 이 씨부랄놈아, 야 이 씹새꺄, 그지 같은 놈들아, 내가 누군지 아냐, 내일 보면 후회 할꺼다, 니들이 술값을 받아주는 놈들이냐, 씨발새끼야”라고 욕설하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, E, I, F, and H [The records are acknowledged to have been under the influence of liquor by the defendant at the time of the crime of this case, but considering the contents of each of the crimes of this case acknowledged by each of the evidence in the judgment, the circumstances leading to the crime, the means and methods, and the circumstances before and after the crime, it is recognized that the defendant had no or weak ability to discern things or make decisions, and thus, the defense counsel's mental or physical disability claim is not accepted.] The application of the law shall not be accepted.

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. The crimes of obstruction of the performance of official duties in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.

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