2013 Highest 488, 2013 Highest 606 (Consolidation)

Obstruction of Performance of Official Duties, Punishment of Violence, etc. Act

5. Obstruction of Performance of Official Duties

A person shall be appointed.

Mara, Madra (prosecutions), Madern (Public Trial)

Attorney Yoon Gyeong-hee (Korean National University)

July 4, 2013

A defendant shall be punished by imprisonment for not less than eight months.

Seized knife knife (No. 1) shall be forfeited from the accused.

Criminal History Office

"2013 Highest 488"

On September 19, 2012: around 30, at around 00, the Defendant driven a car at the entrance of an apartment at around 00,00, at around 30, at around 00:0, when he was sent to the police station of 00,000, after having received a report, and was sent to the police station, as a violation of the Road Traffic Act (Refusal of alcohol measurement) by the head of the police station affiliated with the police station.

1. Performance of official duties by fraudulent means;

피고인은 2012. 9. 9. 22 : 45경 경남 00시에 있는 00경찰서 00파출소에 찾아가 그 곳에서 근무를 하고 있는 경찰관들에게 " 씨발 좆같이 내가 뭘 잘못했나 " 라고 욕설을 하며 위와 같이 도로교통법위반 ( 음주측정거부 ) 죄로 입건된 점에 대하여 불평하여 경위 D으로부터 " 억울한 사정이 있다면 이후 경찰서 조사를 받을 때 진술하라 " 는 권유를 받았다. 그러나 피고인은 집에 돌아가지 아니하고 같은 날 23 : 10경 위 00파출소 앞길에서 기다리던 중, 위 파출소 소속 경위 E, 순경 F가 112 신고를 받고 출동하기 위하여 순찰차에 탑승하는 것을 발견하고, 자신의 오른쪽 발을 출발하는 순찰차의 조수석 뒷바퀴 밑으로 밀어넣어 마치 경찰관에 의하여 교통사고를 당한 것처럼 가장하여, " 악 " 하고 소리를 지르면서 경위 E에게 " 운전을 어찌합니까 " 라고 큰 소리로 말하였다. 이로써 피고인은 위계로써 경찰관의 112 신고출동에 관한 정당한 직무집행을 방해하였다 .

2. A violation of the Punishment of Violences, etc. Act (a person who commits a crime).

When the Defendant was arrested as a flagrant offender due to the obstruction of performance of official duties as stated in the foregoing paragraph (1), and released on September 17, 2012: around 00: (a) the Defendant carried a lethal weapon, which is a dangerous weapon of the Defendant’s house cream at around 00: (b) the Defendant’s house clock (the length of 29.5cm, the blade length of 18cc) and carried a deadly weapon, which is likely to be used for a crime without justifiable reasons for about 40 minutes, with the Defendant’s release at around 0 minutes as stated in the foregoing paragraph (1).

[Around 18, 2013 Godan606] On March 5, 2013, the Defendant: Around 18: 00 boxes (at night, a police box integrated and managed at 00 boxes) located in 00 cities; A police box affiliated with the 00 police box dispatched after receiving 112 reports, talks about the arrest of a flagrant offender in the obstruction of performance of official duties at the 00 boxes; (b) the police officer, who was dispatched, was urged to go home to go out of the police box to go out of the 10 boxes; and (c) the above G used the bage of the said G while putting him out of the bridge with a view to interfering with the performance of official duties; and (d) assaulting him, by drinking the bridge of the said G at one time with a drinking house.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the police officer's 112 reporting and withdrawal by force.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E and F;

1. Statement of the police statement about 00;

1. Police seizure records;

Application of Statutes

1. Article applicable to criminal facts;

Article 137 (Crimes of Obstruction of Performance of Official Duties by Fraudulent Means), Article 136 (1) (Crimes of Obstruction of Performance of Official Duties) of the Criminal Act, Article 7 (Carrying of Deadly Weapons) of the Punishment of Violences, etc. Act, and Selection of Imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant was sentenced to imprisonment with prison labor for ten months or two years of suspension of execution on November 19, 2003 with prison labor for damage to public goods at the Busan District Court on November 19, 2003; on November 16, 2012, the Ulsan District Court received a summary order of 1.5 million won as a crime of obstruction of performance of official duties; police officers’ urgent exit; police officers’ emergency exit is prevented; police officers’ breaths and assaults; etc.; and it is not good to the nature of the crime; considering the number of crimes, it is inevitable to sentence the defendant.

In addition to the above circumstances, the defendant's age, family environment, and other force, background, circumstances after committing the crime, etc., and the punishment shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

Judges Or Dong-dong