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(영문) 서울서부지방법원 2020.01.08 2019고단3879
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2019. 9. 11. 01:10경 서울 서대문구 B 주차장 앞길에서, 지나가는 사람들에게 시비를 걸고, 때리고 넘어뜨리는 남자가 있다는 112신고를 받고 출동한 서울서대문경찰서 C지구대 소속 경찰관인 D이 피고인에게 귀가할 것을 종용하자 "씨발 새끼야. 니네들이 어떻게 사는지 아냐. 부모님이 내는 세금으로 먹고 사는데 잘해야 되지 않냐. 개씹새끼들아."라고 욕설을 하면서 왼쪽 발로 위 D의 오른쪽 무릎을 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

2. Around 01:40 on September 11, 2019, the Defendant violated the Punishment of Minor Offenses Act committed a disturbance for about one hour at the Seoul Western Police Station and the waiting room in Seodaemun-gu Seoul, Seoul, with a large volume of voice from the 113 Seoul Western Police Station, including slope E, a slope E, a horse F, and a horse G, etc., to the effect that “I do not have any crime of cryp and cryp.,” the Defendant continued to talk for the following: (a) whether the issuance of a small number of bitch, bitch bitch, and bitch bitch bitch.”

Accordingly, the defendant, while under the influence of alcohol, led to very rough words and actions by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (verification of images of evidence by police officers suspected of obstruction of performance of official duties) Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

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

1. The defendant's age, character and conduct, environment, family relationship, circumstances of the crime, and the crime are committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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