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(영문) 서울중앙지방법원 2021.02.03 2020고단8041
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On October 28, 2020, the Defendant was sentenced to a suspended sentence of one year for a period of four months by obstructing the performance of official duties at the Seoul Central District Court on October 28, 2020, and the judgment became final and conclusive on November 5 of the same year.

[Criminal facts]

1. Around 02:00 on July 28, 2020, the Defendant who obstructed the performance of official duties was urged to pay the drinking value and return home from the E officer belonging to the police box belonging to the Seocho-gu Seoul police station, Seocho-gu, Seoul, upon receiving a 112 telephone report, at around C main station located in Seocho-gu Seoul, and was assaulted by the Defendant at one time on July 28, 2020.

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

2. 경범죄 처벌법위반 피고인은 2020. 7. 28. 02:28 경 서울 서초구 F에 있는 D 파출소에서 위 1 항의 공무집행 방해죄로 현행범인 체포되어 인치되어 있던 중, 술에 취한 채로 그곳에 근무 중인 경찰관들을 향해 “ 야 이 새끼야 나와.”, “ 돼지새끼야. 열 받냐고. 맞짱 뜨자.” 고 욕설하는 등 약 1시간 동안 소란을 피웠다.

Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G, H and I;

1. A criminal investigation report (related to the suspension of suspect investigation), a criminal investigation report (related to the form of a crime), a CD of video data, a criminal investigation report (related to photographic images on the face of a crime), and a photograph of a visual photograph

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, investigation report (related to criminal records of a suspect), Seoul Central District Court 20 order 6188 order, etc.;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of official duties, and the choice of fines);

1. The Criminal Act dealing with concurrent crimes;

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