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(영문) 서울북부지방법원 2019.11.29 2019고단3722
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. 모욕 피고인은 2019. 5. 27. 03:25경 서울 노원구 B빌딩 앞길에서, 112신고를 받고 출동한 경찰관들인 피해자 C, 피해자 D이 술에 취해 길에서 자고 있는 피고인을 깨워 귀가시키려 하였다는 이유로, 행인들이 지켜보고 있는 가운데 피해자들에게 “씨발 새끼들 장난치나 지금, 씨발 새끼들 재밌냐 경찰관 모욕죄가 어딨어, 미친 새끼야.”라고 큰소리로 욕설하여 공연히 피해자들을 각각 모욕하였다.

2. On May 27, 2019, the Defendant: (a) committed an assault on the front road of the F District located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on May 27, 2019; (b) while moving to undergo an investigation as a flagrant offender of the offense of insult as referred to in paragraph (1), “I have gone to go to the cran and police station, and I have committed an assault on the front side of the said D on one occasion.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A criminal investigation report (related to the FJ CCTV image), a criminal investigation report (related to the mobile phone image of a police officer at the site), and a criminal investigation report (related to the video conversations of a witness who has observed the site);

1. Application of the Acts and subordinate statutes related to CDs on-site mobile phone images and CCTV images;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant's character, character, environment, family relationship, etc. are equally taken into account in each of the above circumstances as the confession and the attitude to reflect is visible, and there is no record of the same kind of crime: the damage has not been recovered.

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