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(영문) 서울서부지방법원 2019.06.25 2019고단333
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 1, 2018, at the entrance of the emergency room of the C Hospital located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant entered the emergency room into an emergency room on the ground that he presents his friendship, who is the victim of the assault in the emergency room. Upon receiving 112 report on the above assault case, the police officer of the Seoul Yongsan Police Station D box belonging to the Seoul Yongsan Police Station, who was called out to the scene, prevented the Defendant, and the police officer sent to the scene, expressed his desire to “Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y, f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. “. f. f.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

2. The Defendant, who violated the Punishment of Minor Offenses Act, was arrested as a flagrant offender committing an obstruction of performance of official duties due to the same act as mentioned in the foregoing paragraph (1), and was brought to the Seoul Yongsan Police Station D police box located in Yongsan-gu Seoul Metropolitan Government on October 1, 2018.

피고인은 그 무렵부터 같은 날 02:55경에 이르기까지 위 파출소 안에 있는 경찰관들에게 “씨발새끼들, 너네 다 좆됐어. 너넨 다 죽었어. 내가 어떤 놈인지 보여줄게.”라는 등의 욕설을 하면서 소란을 부렸다.

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. Each police statement made to H, E, and F;

1. Application of Acts and subordinate statutes concerning enforcement manual, investigation report, telephone statement summary;

1. Where relevant legal provisions apply to the obstruction of performance of official duties concerning criminal facts: Points of the disturbance of cancellation of governmental offices under Article 136 (1) of the Criminal Act: Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (with respect to the obstruction of performance of official duties on the market)

1. As to the crime of obstruction of performance of official duties, the decision of choice of punishment shall be sentenced to imprisonment.

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