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(영문) 서울동부지방법원 2011.6.16.선고 2011고단972 판결

공무집행방해

Cases

2011 Highest 972 Obstruction of Performance of Official Duties

Defendant

○○ Kim (BO on March 13, 1971), Construction Business

Imposition of Judgment

June 16, 201

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Facts of crime

On May 3, 2011: around 10, the Defendant: around 10, 7-19, the Songpa-gu Seoul Special Metropolitan City Sacheon-dong 7- 7- 19, sent a heavy bath to the police officer, who was working on the street, and boomed him, and her fried with a 112 report by ○○○○, who was the police officer of the Seoul Songcheon Police Station, called the police officer of the Seoul Songcheon Police Station and Kim △△△△, who was called after receiving the 112 report, was urged to avoid a disturbance and to return home to the police officer, and the above ○○, who was urged to do so. The Defendant interfered with the crime prevention and the maintenance of public order of the police officer, etc. over about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on ○○ or ○○;

Application of Statutes

1. Article applicable to criminal facts;

The reason for sentencing under Article 136(1) of the Criminal Act has the history of having been punished several times as an act of violence, such as an injury and damage in the past, and the criminal record of having been punished as an obstruction of performance of official duties against a police officer has reached five times. Although the defendant led to the confession of a crime and the degree of violence is not severe, the defendant may not be deprived of tolerance any more in light of the above circumstances. It is so decided as per Disposition on the grounds above.

Judges

Judges fixed number of judges