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(영문) 서울중앙지방법원 2020.07.22 2020고단3439
공무집행방해등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. At around 02:20 on April 26, 2020, the Defendant: (a) received 112 report from the Seoul Jongno-gu Seoul Police Station that “A prisoner spaws down a spawn; and (b) received a request from the police officer to voluntarily act with the police officer who called out, and then requested the police officer to sign his/her face on his/her voluntary behavior letter from D during the police officer assigned to the above police box; (c) was sent one time at the hand, with the face of the police officer as his/her head; and (d) the Defendant abused the police officer as his/her hand on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties regarding the handling of the 112 reported case by the police officer, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of the crime.

2. 경범죄처벌법위반 피고인은 2020. 4. 26. 02:23경 위 C파출소에서, 전항 기재와 같은 공무집행방해 범행으로 인해 폭행죄 등으로 현행범인으로 체포되자 화가 나서, 술에 취한 상태로 큰 소리로 ‘병신새끼야, 씹할 놈아, 병신새끼, 씹할, 여자한테 섹스 좃나, 내가 뭐 잘못했어, 좃같은 병신새끼, 내가 민주시민으로서 답답하다 개같은 년아, 이래놓고서, 내가 이 세금을 이렇게 낸다, 씨발년아, 개년아, 이래놓고 몇 백명이 쳐 죽어도, 이러니까 나라가 이러지’ 등 욕을 하는 등 약 20분간 횡설수설하였다.

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 made to D by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a criminal investigation report (related to video images taken by a police officer);

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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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