Defendant

Kim Sung-hun

Attorney Han Han-ju (National Assembly)

A defendant shall be punished by imprisonment for nine months.

On May 20, 2008, the Defendant was sentenced to six months of imprisonment for embezzlement in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence on November 18, 2008.

1. Violation of the Road Traffic Act;

On December 24, 2010, at around 00:20, the Defendant driven (vehicle number omitted) a multi-use car without a driver’s license on a section of approximately 1.5 km from the front of the “Slu music hall” to the road located in the same (hereinafter referred to as the “Sluice music hall”) located in the Gwangju-do Plue-Eup, Gwangju-do.

2. Performance of official duties, injury;

On December 24, 2010, at around 00:30, the Defendant was arrested on the ground that the investigation of the Mine Police Station and its affiliated slope Nonindicted 1 and Nonindicted 2 were a fine fine on the front of the Defendant’s house located in Mineyang-si (hereinafter address omitted).

Nonindicted 1 and Nonindicted 2, while presenting the police identification card, notified the Defendant of the fact that a fine has been imposed after indicating his position and name, and demanded the Defendant to accompany him to the Mine Police Station to the police station, but the Defendant refused to accompany the Defendant three times. However, the Defendant refused to accompany Nonindicted 1 and Nonindicted 2, who attempted to take the Defendant on the said police station, led Nonindicted 2 (Nam, 37 years old) to the left side of the face of Nonindicted 2 (Nam, 37 years old), left side of the said police station on a one-time basis.

As a result, the defendant interfered with police officers' legitimate disposition, arrest of criminals, and at the same time, inflicted an injury on the victim non-indicted 2.

[Fact 1]

1. Defendant's legal statement;

1. The driver's license ledger;

[Judgment of the court below]

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 2 and 1

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement on Nonindicted 2’s statement

1. Control note and diagnosis note;

【Prior Records at the Time of Sales】

1. Criminal records and investigation reports (verification of whether a person is released from prison labor);

1. Article applicable to criminal facts;

Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Operation without License) of the Road Traffic Act, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties), Article 257 (1) of the Criminal Act (Bodily Injury)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Concurrent Crimes of Obstruction of Performance of Official Duties and Bodily Harm Crimes)

1. Selection of punishment;

Imprisonment choice (Considering the criminal records related to violence and traffic, the attitude of the defendant after committing the crime, etc.)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Limits to Aggregate of Long-term Punishment for Offenses)

For the new judge: