2017Gohap16 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the age of 13 years)

2) Violation of the Aggravated Punishment Act, etc. of Specific Crimes

person, special robbery, injury resulting from special obstruction of performance of official duties, and special official duties

Spence, damage to public goods, special damage to special goods, guns, swords, and fire extinguishing drugs;

Violation of the Safety Control of Chapter, etc. Act

A

He/she shall be sentenced to prosecution, and he/she shall be sentenced to prosecution.

Attorney B

November 16, 2017

The punishment of the accused shall be five years of imprisonment.

The seized one ball ball (2cm, 7.5cm in length, 1cm in weight), one ball (2cm, 7.5cm in length, 7.5cm in length, 2) of the shot gun, one ball (870cm in length, c. 3) of the shot gun, one ball (2cm in length, 7.5cm in length, 7.5cm in number, 5cm in number, 6) of the shot gun, one ball (2cm in length, 7.5cm in number, 7.5cm in number, 6) of the facts charged in this case, and the facts in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., abduction and inducement under the age of 13), shall be acquitted, respectively.

Criminal facts

【Institution of Sanctions】

The defendant has a son E (seven years of age) between D and D prior to the divorce, and without a certain occupation in the Jinju-si in 2017, is a person who is working as G in the Fela-si in 2017.

Even after the Defendant was divorced from D on December 5, 2013, the Defendant maintained the relationship with D, such as E and B, at one time at one month due to the problem of fostering E, and was notified by D of his intention to refuse to comply with D's ruling on March 2017, and came into being as a matter of fostering of D's women and the above E's. At around April of the same year, the Defendant lost approximately KRW 10 million due to gambling, and even after having reached about KRW 30 million due to his/her liability without any special property, he/she was dissatisfied with the reality that he/she should be mixed with the Defendant.

The Defendant, from July 1, 2017 to April of the same month, is fostering E in the economic difficulties of himself, as seen above, at the Defendant’s residence located in the G of the G of the G of the G of the G of the G of the same month, and D is trying to take an overseas trip by combining with a new male-child group around that time, not coming back with E, and to commit suicide while disputing D and mobile phone text messages, etc. which did not bear child support at all, around 08:48 of the same month.

【Criminal Facts】

1. Special robbery to victims I and J, and special obstruction of performance of official duties;

On July 4, 2017, at around 16:57, the Defendant 112 reported the 1112 report from the forest road located near Gohap-gun, Gohap-gun, Chungcheongnam-gun, and dispatched to the same place, and threatened the victim (58 years old), the police officer belonging to the Gohap Police Station, and the J (46 years old), who was on board the slope victim J (46 years old) of the Gohap Police Station, with the victim I, J’s resistance to the above patrol n, and the shot gun, which was a deadly weapon for the above patrol n of the E, and threatened the victim I, J’s resistance to the above patrol n, and got off the above patrol n, and got off the above patrol n. The Defendant took a deadly weapon with the deadly weapon, thereby obstructing the police officer’s performance of his duties, and obstructing the legitimate handling of the police officer’s report.

2. Damage or destruction of special property to victims, and obstruction of special performance of official duties to victims;

After taking the patrol n, the Defendant 17:03 on the same day after taking a 17:03 day of the patrol nx, and she launched the above nx, which is an object dangerous in the front of the left side of the said knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

3. Special robbery against victims S or T, and special obstruction of performance of official duties;

At around 18:30 on the same day as the police officer, the Defendant: (a) opened a shot gun on the part of the E’s Y and prevented the access of police officers; and (b) opened a shot gun on the part of the E’s shot gun near the mountain, with a volume of 200 meters near the mountain, following the said forest road. At around 18:35 on the same day, at around 18:35, the Defendant: (b) opened a shot Fire Station affiliated with V victims S (4 years of age); (c) Gohap Fire Station on board the fire-fighting company victims T (28 years of age); (d) launched the shot gun, which was a deadly weapon; (d) opened the shot gun on the part of the E’s shot gun; and (e) opened the said shot gun to the victims on the shot seat with a threat of the above shot gun’s market price; and (e) removed the above part of the shot gun from the free market price.

Accordingly, the defendant forcibly taken another's property by carrying a deadly weapon, and interfered with legitimate execution of duties concerning the emergency rescue order and measures of a fire fighter.

4. Injury caused by special obstruction of performance of official duties to X, Y, or Z, or damage to public goods;

As stated in paragraph (3), the Defendant, at around 18:36 on the same day, fledd from U.S. to AA., around 500 meters in approximately 18:36 on the day when he escaped along with his forest roads where he had been on a river road carrying E, she: ABland patroler belonging to the Jinju Police Station where he was on board the Z in the front bank, and as such, it is difficult to escape due to the difficulty of getting out, the Defendant: (a) obstructed the path; (b) threatened X, Y, and Y; (c) threatened X with the emergency rescue vehicle having been in possession of a shot gun, which is a dangerous object, destroyed the said patrol vehicle’s back part of the said patrol vehicle’s 7 hours later; (d) threatened X with the need to provide approximately 2 weeks medical treatment; and (d) destroyed and damaged the tension, she at the same time destroyed and damaged the 3-day water tension and the 5 weeks back of the said patrol vehicle.

Accordingly, the defendant damaged goods used by public offices, thereby impairing their utility, and while carrying dangerous goods and hindering police officers from performing their legitimate duties in relation to the prevention, suppression and investigation of crimes, thereby causing the injury of public officials.

5. Special robbery of victims AC and AD, and special obstruction of performance of official duties;

피고인은 제4항과 같이 구급차에 E을 태워 59번 국도를 따라 이동하다가, 같은 날 18:43 경 같은 군 AE 부근 도로에서 무선 지령을 받고 그곳에 출동하여 차단근무 중에 있던 합천경찰서 AF파출소 소속 경위 피해자 AC(47세), 경위 피해자 AD(51세)이 탑승한 합천경찰서 소속 AG 아반떼 순찰차AH와 마주치자 위 구급차를 그 옆에 정차시키고 내린 후 흉기인 위 엽총을 피해자들을 향하여 겨누면서 "씹할 놈들아, 다 쏴버린다, 빨리 내려라."라고 협박하여 반항을 억압한 후 피해자 AC, AD으로부터 시가 불상의 위 순찰차AH 1대를 빼앗아 가지고 갔다.

Accordingly, the defendant took the property of others by carrying a deadly weapon, and obstructed the police officer's legitimate execution of duties concerning the handling of 112 reported duties.

6. Injury or injury caused by special obstruction to the performance of duties by AI or damage to public goods;

After taking a patrol as prescribed in paragraph (5), the Defendant went to the AJ room in the area of 18:46 on the same day, while she went to the AJ room in the area of Gohap-gun, Gohap-gun, AK bus stops in the area of the Gosung Police Station affiliated with the Gosung Police Station affiliated with AO, the Inspector, and the Gosung Police Station affiliated with the Gosung Police Station affiliated with the Gosung Pung-gun Police Station affiliated with the AOland SP and the Gosung Police Station, where Q Q was on board, obstructed the road along with the above ARland ARland SP car affiliated with the Gosung Police Station where Q Q was on board, and caused damage to the 1st part of the AH in the front part of the said AH, and caused damage to the 2nd part of the AR car's back patrol, and caused damage to the 2nd part of the AR 16th police officer's performance of duties by taking the front part of the 2nd police officer's equipment, and thereby, caused damage to the 36th 16th Ka.

7. Special robbery against AS;

The Defendant, as stated in paragraph (6), driven the patrol car AH, who was driven by the Defendant, and escaped from the AJ room in the same Gun on the roads of the AU restaurant located in 18:50 on the same day, at around 18:50 on the same day, got approaching and stopped the AV cargo vehicle owned by the victim, which was driven by the police officer, and rhhddddddd the above shot gun, which is a deadly weapon, on both hand, and rhdddd the victim by threateninging the victim, and rhd the victim, and rhd the victim’s resistance from the victim, and rhd the victim to cut off the above 8 million won cargo vehicle at the market price.

Accordingly, the defendant took the property of others by carrying a deadly weapon.

8. Violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

On May 16, 2013, the Defendant obtained permission (permission number A) from the Jinju Police Station located in the Jinju Police Station located in the Central 10, Jinju-si, Jinju-si, to possess harmful birds for the purpose of catching harmful birds, and used a mountain minton shot gun (total C, No. 3) for hunting in Jinju-si, which can be used in the right of Jinju-si, using the mountain minton shot gun (total number C, No. 3) for hunting, and launched seven guns in total from July 4, 2017 to 18:35, in the course of threateninging the police officers dispatched to the site and taking the patrol car, etc., without justifiable grounds. Accordingly, the Defendant used guns for the purpose other than permitted use.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each prosecutor's protocol of examination of the accused into each part of the protocol;

1. Some statements of each police suspect interrogation protocol against the accused;

1. Statement of each police statement on AS, S, J, I, AC, AD, AX, AY, T, P, Q, N, AI, AP, Q, AM, and AL;

1. Each X-form, each Y-form, each Z-form, each Z-form, each entry into the AI-form, and each entry into the AZ-form;

1. Each entry in the police seizure record;

1. Each on-site inspection report and each on-site inspection report;

1. Descriptions of each written diagnosis;

1. Each statement of estimates, receipts, requests for payment of motor vehicle parts, and statement of transactions;

1. Entry of each family relation certificate and each certified copy of resident registration record card;

1. At each site photograph, DNA patrol vehicle, and first-aid vehicle, two CDs, two n patrol vehicles, and 20 boom photographs, such as a hard boom, three photographs, such as text messages, six photo photographs, one satellite photograph on the surrounding site, one collection document, one copy of a combined criminal and personal vehicle, three photographs such as a photograph of the suspect when the suspect operates the BA truck, three bA truck and one fluor, one CD on the suspect’s private vehicle, and one fluor, one CD, one hard fluor, one hard boom, one hard fluor, one hard fluor, one hard fluor, and one screen fluor, one screen fluor, one screen fluor, one screen fluor, one screen fluor, one screen fluor, one screen fluor, one screen fluor, two years, one screen fluor, one screen fluor, and one photo fluor, one photo fluor, one printed data;

1. Each description of an investigation report (as to the moving routes within the jurisdiction of a suspect in the field of progress), investigation report (as to the date, time, place, etc. of the crime), investigation report (as to the date, time, etc. of the crime), investigation report, investigation report (as to the results of investigation of the business vehicle operating a suspect), investigation report (as to the results of the investigation of WAS analysis), investigation report (as to the crime re-specific after the actual investigation), investigation report (as to the statement of the damaged vehicle, the statement of the victim's diagnosis attached), investigation report (as to the investigation report), investigation report (as to the ownership relation of the damaged vehicle patrol, etc.), investigation report (as to the moving routes

Application of Statutes

1. Article applicable to criminal facts;

Articles 334(2) and (1), 33(1), 144(1), 136(1) (a) of the Criminal Act, Articles 369(1), 366(1), and 366(a) of the Criminal Act, Articles 144(2) and (1), and 136(1) of the Criminal Act, Article 141(1) (a) of the Criminal Act, Article 141(1) of the Criminal Act, Article 73 subparag. 1, and 17(2) of the Safety Control of Firearms, Swords, Explosives, etc. Act (a use of guns for purposes other than permitted at the time of the marketing)

1. Commercial competition;

Articles 40 and 50 (Punishment for the crime of causing bodily injury to the special obstruction of performance of official duties against X,Y, and Z, and the crime of causing bodily injury to the special obstruction of official duties against X, which is the most severe punishment, and punishment for the crime of causing bodily injury to the special obstruction of official duties against AI, between the crime of causing bodily injury to the special obstruction of official duties against AI, and punishment for the crime of causing bodily injury to the special obstruction of official duties against

1. Selection of imprisonment with prison labor for a violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., in relation to the selection of punishment, the punishment of limited imprisonment, the punishment of special obstruction of performance of official duties, special damage and destruction

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty and penalty)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserts that the upper part suffered by BC, Y, Z, and AI does not constitute a crime of injury resulting from special obstruction of performance of official duties.

On the other hand, injury under the Criminal Act means infringing on the completeness of body or destroying physiological functions (see, e.g., Supreme Court Decision 96Do2529, Dec. 10, 1996). Injury which constitutes the element of the obstruction of performance of official duty should also be deemed as having the same meaning as injury under the Criminal Act. However, the following circumstances acknowledged by evidence duly entrusted by the court are as follows: ① X’s act of patroling with a vehicle operated by the defendant requires approximately three weeks of treatment; ② X’s e.g., salt, tension and tension with a shoulder for two weeks of treatment; Y’s e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the tension for two weeks treatment; ③ police officers did not request the possibility of its repair.

1. Reasons for sentencing: Imprisonment with prison labor for up to 45 years;

2. Whether the sentencing criteria are applied;

The sentencing guidelines are not set for the violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and the crime of damaging public goods and causing bodily injury to special obstruction of performance of official duties in the judgment are mutually concurrent relations, so the sentencing guidelines in this case shall not be applied, but the sentencing guidelines for the remaining crimes shall be referred to the sentencing.

(a) Special robbery against the victim I, J, S, T,C, and AD;

[Scope of Recommendation] Aggravated Punishment (Special Robbery) of Type 2 (Special Robbery)

[Special Aggravationd Persons] Aggravationd: Use of Firearms

(b) Special robbery against the victim AS;

[Scope of Recommendation Form 2 (Special Robbery) Basic Area (3 years and 6 years), General Criteria for Robbery Crimes

[Special Convicts] Aggravations: Use of firearms and mitigation elements: Punishment is not possible. Crimes of bodily injury resulting from obstruction of performance of special duties

[Scope of Recommendation] Basic Area (Bodily Injury or Injury resulting from Special Obstruction of Public Duty) of Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty)

【Special Convicted Person】

(d) Each special obstruction of performance of official duties;

[Scope of Recommendation] Aggravation Area of Obstruction of Performance of Official Duties (1 to 4 years)

[Special Aggravations] Aggravations: Where dangerous articles are carried;

3. Determination of sentence: The crime of this case for 5 years is committed by the defendant after receiving a report from the military gun to escape the patrol vehicle by threatening the police officers called out. The crime of this case seems to have been committed by the police officers, and the crime of this case is deemed to have been committed with considerable mental shock and pain in view of the crime implements and methods, and the frequency of crimes, and the crime of this case is deemed to have been committed by the persons concerned, such as E and dispatched policemen, who are the children of the defendant due to the crime of this case, due to the crime of this case, by cutting away fire officers on board the vehicle at the site by threatening them to a hunting gun, and then destroying and damaging the patrol vehicle, and simultaneously causing bodily harm to the police officers at the same time, while getting out the patrol vehicle again, and then causing damage to the said vehicle by threatening them to the civilian gun, and the crime of this case is deemed to have been committed with serious mental shock and pain corresponding to the sentence of a public official in view of the fact that there is a need for special obstruction of execution of official duties by impairing legitimate exercise of public authority and threatening the physical functions of the defendant;

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is recognized to commit the crime and is against himself, that the defendant does not want to be punished for the victim AS by mutual consent with the victim AS, that the damaged patrol vehicles and ambulances and the repair cost of the victim0-owned vehicles are fully repaid, that the defendant has no record of punishment exceeding the fine, and that there is no record of punishment for the defendant, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and behavior, environment, the course and method of the crime of this case, and circumstances before and after the crime.

The acquittal portion

1. Summary of the facts charged

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping and Inducement)

On July 4, 2017, at around 09:00, the Defendant found the victim E (7 years of age) who was taking lessons at the GE elementary school located in Gosung-gun, Gosung-gun, Gosung-gun, the Defendant was expected to kill the victim by making a false statement to the effect that the victim was able to take a trip to the victim even if he was she was aware that she was to kill and commit suicide, she would be able to take a trip with the victim, and then she was on the top of the BF Poter cargo vehicle that the Defendant driven and she was on board at around 10:04 on the same day, she was on the top of the BF Poter cargo vehicle that the Defendant driven.

Since then, at around 10:23 on the same day, the Defendant: (a) released one minton shot gun (No. C, No. 3) owned by the Defendant to the Jinju Police Station located in Jinju-dong 763-1, Jinju-si; (b) parked the above cargo in the forest roads located in Jinju-si BG on the same day; (c) on around 11:20 on the same day, the Defendant respondeded to the purport that “the victim would be able to live” and “the victim would live.” At around 16:57 on the same day, the Defendant killed the qui of the said cargo in the vicinity of the forest roads located in Jincheon-gun, Jincheon-gun, Nam-gun, and became difficult to drive while driving the said vehicle was dead, and without holding the said shot gun, and caused the Defendant to kill the said cargo for the purpose of getting the victim under 13 years of age.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Profit Kidnapping and Inducement)

The Defendant: (a) induced the victim E as stated in the crime of paragraphs (1) through (7) of the same crime, and called the victim’s shot gun and the victim’s shot; (b) took the victim’s vehicle in front of the patrol vehicle, etc.; and (c) detained the victim for about five hours from July 4, 2017 to 22:54 on the same day. Accordingly, the Defendant induced the minor under 13 years of age, and detained the victim or cruelly committed an act.

2. Determination

The crime of inducing minors under Article 287 of the Criminal Act refers to the act of inducing minors to leave from free living relationship or protection relationship with them by deceiving or treating them as a means of deception, and moving them under the factual control of them. Here, a factual control refers to the physical and real control relationship with a minor. Article 5-2 (2) 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides aggravated punishment against a person who commits the crime of inducing the minor. Thus, in order to establish the crime, the above crime has to be established by deceiving or treating the minor under the above control of him/herself or a third party by deceiving or treating the minor, and thus, it is difficult for the defendant to establish the crime of inducing the minor as above (see Supreme Court Decision 98Do690, May 15, 1998). Since the court lawfully adopted the crime of inducing the minor, the defendant's act of inducing the minor cannot be seen as having been under the protection of the victim's father and/or his/her custody relationship with his/her mother, and the defendant did not have been under the protection of the victim.

3. Conclusion

Thus, the fact of attracting minors and the fact of confinement of the induced person premised on this part constitutes a case where there is no proof of crime, and thus, the judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act.

The presiding judge, the senior judge;

Judges Kim Young-chul

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