Illegal Residence

Former North Korea of reference domicile

【Criminal Power】

On October 28, 2011, the Defendant was sentenced to one year from the Busan District Court’s branch branch for the crime of fire prevention of general goods, and completed the execution of the sentence on May 30, 2012.

[Criminal Facts]

1. On October 17, 2012: (a) around 50, the Defendant sought exemption from military service by finding in the Incheon Gyeonggi-si Military Manpower Office Guard Office in Suwon-gu, Suwon-si, and sought explanation that the Defendant was not eligible for exemption from military service from military service; (b) the Defendant’s “it is still short that the Defendant would have to be subjected to exemption from military service” to the Kim Jong-gu, and the Defendant was placed on the front ground of the guard room, and the Defendant, who requested the Kim to return home from the Kim to the Republic of Korea, “I will throw away the gasoline roots at this point without being exempted from military service. I would like to commit suicide in the body of the Defendant, even if he did not receive the exemption from military service, and she would go to the prison with the value of the time set for exemption from military service. Chewing and melting it, and then, she would go to the prison?

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of Kim's office building.

2. On the same day: around 23: Around 00, the Defendant re-exploited in the sports guard room at the above regional military manpower office, and did not leave the room after hearing the explanation that the Defendant was not eligible to be exempted from military service from military service from Kim, but did not leave the room after hearing the explanation that the Defendant was not eligible to be exempted from military service. After that, the Defendant, along with the Kim, demanded the police to return home from the above police station after receiving a report

For this reason, "I am feash, I am fash," and "I am fash to threaten Kim."

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the Kim Young's office building.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of Kim Jong-soo

1. A statement of the preparation of OD;

1. Previous records of judgment: Criminal records and other inquiry reports and investigation reports (Attachment to violence, written judgments, etc.);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 136 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

common in paragraphs 1 and 2 of the ruling:

【Determination of Type】

Obstruction of Performance of Official Duties: Obstruction of Performance of Official Duties

【Determination of the Place of Recommendation】

Basic Area

[Scope of Recommendation Form]

From 6 months to 1 year and 4 months

【General Adopteds】

-Aggravated factors: Before the same sentence not constituting a repeated crime, and (10 years’ fine after the completion of the enforcement)

【Scope of Punishment】

Applicable provisions of Acts: Article 136(1) of the Criminal Act

Statutory punishment: from January to 5 years;

【Determination of Sentence】

The defendant committed each of the crimes of this case again during the period of repeated crime, and considering the criminal facts committed with the repeated crime (the complaint against the disposition of the Military Manpower Administration is raised and fire prevention), it is difficult to view that the contents of the defendant's intimidation are merely an scarcityous emotional expression, and the possibility of recidivism and the possibility of social examination, it is inevitable to sentence a sentence equivalent to the responsibility of the defendant.

However, in consideration of the fact that the defendant does not actually engage in specific acts, such as carrying gasoline for the purpose of fire prevention, and the result of direct violence against public officials or injury, etc. of public officials, the punishment as ordered shall be determined.