2013 Highly 83 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers);

Injury, interference with the execution of public duties, insult

A.

Freeboard Kim (prosecution) and a transmission file (trial)

Attorney B (Korean National Assembly)

September 27, 2013

A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

On March 30, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Goyang Branch of the District Court, and on March 26, 2013, the Defendant completed the execution of the sentence in the medical prison.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers and Violence);

On June 21, 2013, around 02:24, the Defendant: (a) boarded Police Station I, a victim C (41 years of age) boarding the front of the E office located in the same city E in around 02:32 on the same day; (b) had the victim himself changed his destination to “I am in front of the E office located in the same city E; (c) had the victim, who was requested by the victim to pay the charges first, had the victim pay the charges; and (d) had the victim expressed his desire to pay the charges first; and (e) had the victim take the view that I am in front of the Chuncheon Police Station, the Defendant continued to do so two times as a son of the victim’s head going to the direction of the Chuncheon Police Station; and (e) had the victim take the front of the E office in the same city at around 02:35 on the same day and had the victim take the front of the E office at the same time, and had the victim take the duty to pay the charges first to the police.”

Accordingly, the defendant assaulted the driver of a vehicle in operation and sustained the victim's injury.

2. Performance of official duties;

On June 21, 2013, around 02:35, the Defendant: (a) prevented the Defendant from assaulting the said C, as prescribed in paragraph (1) from the victim H (the age of 21) who was a medical police officer belonging to the Chuncheon Police Station G, which was working in front of the Chuncheon Police Station G, around 02:35 on June 21, 2013; (b) caused the said H to put his hand on the said H; and (c) assaulted the said H on the front of the said police station on one-time side of the damaged person’s left side of the damaged person’s drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

3. Defluence;

At around 02:40 on the same day, the Defendant, upon receiving a request for support from the J of the Chuncheon Police Branch, called “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to H and J;

1. A medical certificate;

1. Previouss before judgment: The defendant's legal statement, criminal history records, and investigation report to the prosecution (A judgment);

Documents, etc. attached

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against a driver, the choice of imprisonment), Article 257(1) of the Criminal Act (the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes Concerning Bodily Injury in Punishment)

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to 21 years; and

2. Scope of recommended sentences according to the sentencing criteria; and

(a) Basic crime: Bodily injury;

[Determination of Punishment] General Inflicting of Violence

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

Aggravations: Cumulative Offense

[Scope of Recommendation] Two-months of Imprisonment to one year (Discretionary)

(b) The standards for handling multiple crimes: Aggravation of multiple crimes [the minimum limit of the principal crime + the second crime [the 1/2 + the maximum limit of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Offences against Drivers, Violence, etc.) + 1/3]: Imprisonment with prison labor between February and June 20 [the minimum limit of the sentence range between the above crimes for which the sentencing criteria are set and those for which the sentencing criteria are set, shall be based on the lowest limit of the sentence range set in the sentencing criteria];

3. Determination of sentence;

The crime of this case committed committed by the defendant assaulting the head of the taxi engineer in operation, and continuously assaulted the taxi and sustained injury requiring two-day medical treatment even after getting off the taxi, and assault and insulted the police officers who restrain the crime, and the crime of this case is not highly likely to cause the secondary traffic accident if the driving of the taxi in this case is hindered due to the crime of this case. The defendant is during the period of repeated crime, and thus, the defendant should know about the crime as stated in its reasoning.

The fact that the victim C does not compensate the victim C is an unfavorable prize to the defendant.

On the other hand, the fact that the defendant is against the crime of this case, the defendant seems to have committed the crime of this case in a contingent manner, and the degree of injury of the victim C is relatively heavy, and the victim C does not want the punishment of the defendant, etc. are favorable to the defendant.

In addition, the punishment shall be determined within the recommended range of the sentencing standards in consideration of all the circumstances that form the conditions for sentencing, such as the age, character and conduct of defendants and environment.

Periodical (Presiding Judge)

Long-term Private Telecommunication

Freeboard Kim