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(영문) 서울중앙지방법원 2015.05.13 2015고단894
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. Around 07:20 on December 21, 2014, the Defendant expressed the victim’s desire to pay the drinking value from the victim D, who is a police officer belonging to the Seoul Gwanak-gu Police Station, who received a report on 112 of the same content and called the victim’s drinking value. In the case where there is E and E-gu E-gu F, the Defendant expressed the victim’s frienda bitch bitch bitch son.

Accordingly, the defendant openly insultingd the victim.

2. On December 21, 2014, the Defendant engaged in obstruction of performance of official duties: (a) assaulted the police slope D, who was arrested and detained as a flagrant offender on account of the fact that he/she committed an insulting act and did not pay the alcohol value, at around 07:35, 58-gil, Gwanak-gu, Seoul Special Metropolitan City, and obstructed the police officer’s legitimate performance of duties concerning the investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes to the investigation report (related to the extraction of CCTVs);

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each selective fine for punishment (the details of the punishment, degree of damage, previous convictions of the same kind, the fine for 2002 is imposed, and thereafter there is no minor punishment for violent crimes, and there is no minor punishment exceeding the fine);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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