2015 Highest 2677 Obstruction of Performance of Official Duties, Injury

A person shall be appointed.

OO (prosecutions) andOO (Public trial)

Attorney ○○○ (Non Line)

April 12, 2016

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

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

Probation and community service for 160 hours shall be ordered to the accused.

Facts of crime

On June 21, 2015: (a) around 48, 2015, the Defendant: around 48, 112 reported to the Seoul Jongno-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○○ branch office; (b) the Defendant was unable to have her female friend; and (c) on the ground that the victim B (53 years old) was sent back to the site upon the request of the Defendant’s female friende, who was the captain of the Seoul Hoe Police Station, was able to her friend and her friended to the friend; (d) the Defendant fried the victim’s friend and fried the victim’s friend to the Defendant’s head; and (e) the victim fried the victim’s friend with the Defendant’s fribage and fried the victim’s frib.

As a result, the Defendant interfered with the legitimate execution of duties by police officers in relation to the 112 Crime Report Processing Affairs, and at the same time, the Defendant inflicted upon the victim with salt ties and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate (No. 6, 7 No. 500);

1. A photograph of the damaged police;

1. An investigation report (A monetary report by a police officer dispatched to the scene);

1. A report of investigation (to hear statements from the B phone of the damaged police station);

Application of Statutes

1. Article applicable to criminal facts;

Articles 257(1) and 136(1) of the Criminal Act (Inflicting of Bodily Injury)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for one month to seven years;

2. Scope of recommendations according to the sentencing criteria;

[Scope of Recommendation Form]

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

[Person under Special Leave]

For obstruction of Performance of Official Duties

[Special Mitigation] Ad hoc penalty (including serious efforts to recover damage) or a case where considerable damage has been recovered;

3. The police officer B, upon receiving 112 report that the defendant could not have a female-friendly head of the Gu, is carrying out the duty of reporting 112 crimes by taking measures to have the female-friendly head of the Gu returned home. The defendant was causing the crime of this case on the ground that the defendant returned a female-child head of the Gu without his/her permission, and the crime of this case is considerably poor, and the defendant was punished by a fine of 500,000,000, and May 17, 2008 by violating the Punishment of Violences, etc. Act at the Seoul Central District Court on May 17, 2004.

26. The facts that there were two years of suspended sentence in August of imprisonment due to a violation of the Punishment of Violence, etc. Act (Habitual Violence) at the seventh General Military Court of the Army: (a) the Seoul Northern District Court sentenced a fine of KRW 500,000 to a crime of violence at the Seoul Northern District Court on November 3, 2010; (b) the defendant committed a crime in depth and reflects that he was committed in this court; (c) the police who was the victim after the prosecution was filed with this court; and (d) the police officer B submitted a written application for no punishment after the prosecution was filed with this court; and (e) other circumstances shown in the arguments of the instant case, such as the defendant's age, family relation, etc.

Judges Kim Jong-ran