2015 Highest 2404 Obstruction of Performance of Official Duties, Injury, insult

A

Kim Da-Ma (Court of Prosecution), Sick Woo, Lee Woo-young (Court of Justice)

Attorney B

November 4, 2015

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defluence;

피고인은 2015. 6. 7. 01:00경 서울 동대문구 C 앞 노상에서 상점 셔터문을 손으로 계속하여 치는 등으로 소란을 피우던 중 피고인의 옆에서 청과물 하역 작업을 하고 있던 피해자 D(58세)으로부터 조용히 해달라는 말을 듣게 되자 화가 나, 인근 가게 상인 3명 등이 있는 가운데 "이 씨발 새끼야 네가 뭔데, 꼰대 새끼, 노점 개새끼"라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. Performance of official duties or injury;

The Defendant, like the above Paragraph 1, at the same time and place as above Paragraph 1, was urged by the Defendant to return home from the victim F, who is a police officer of the Seoul East Police Station Estation, who was a police officer of the Seoul East Police Station Estation, called the Defendant, who was dispatched after receiving 112 a report on the disturbance, such as taking a bath in front of his store and taking the door door door, and assaulted by the Defendant, by taking the floth of the above F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning handling 112 reports, and at the same time, inflicted upon the victim with salted and tensions of the bones of trees requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury to the F;

1. A criminal investigation report (attaching photographs of victim's working clothes);

Application of Statutes

1. Article applicable to criminal facts;

Articles 136(1), 257(1), and 311 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crimes of injury and obstruction of performance of official duties, and the punishment prescribed for the crimes of serious injury)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in each crime)

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under law: one month to eight years; and

2. Application of the sentencing criteria (by July 1, 2015);

(a) Injury;

【Scope of Recommendation】

General Injury Type 1 (General Injury) Basic Area ( from April to June 1)

[Special Mitigation (Aggravated Aggravation)]

In the case of minor injury (type 1, 4) / Performance of Official Duties

(b) Defluence: Determination of the sentencing criteria;

3. Determination of sentence;

The punishment as ordered shall be determined by taking into consideration all the sentencing factors indicated in the records of the instant case, such as the fact that the degree of injury is not heavy, the fact that the Defendant reflects the crime, the fact that the Defendant deposited money for the victim police officers, and the circumstances, patterns, the circumstances after the instant crime, the age, character and conduct, and environment of the Defendant.

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

Judges Yoon Jong-man