2014 highest 1155 highest injury, obstruction of performance of official duties, damage to public goods

A, Non-Service

This purification (prosecutions) and double-wheeled (Public Trial)

Attorney Lee Jin-jin (Korean National Assembly Line)

August 21, 2014

A defendant shall be punished by imprisonment for a term of one year and two months.

Criminal History Office

1. An injury resulting from continuation;

From 30 on April 27, 2014 to 22:4. 01 on April 28, 201, the following day: at around 30, the Defendant’s mother, the Defendant’s mother, in the Defendant’s residence located north of B apartment Adong 408, B apartment 30 on the northwest of B, B, and 40 on April 30, 201: (a) Bara, the Defendant’s mother, who was the Defendant’s mother, would die of the Defendant’s clothes after the shower; (b) Nara, the Defendant would be “Seak, Ma, Ma, Ma, and so on. The four years of bad weather.”

2. Damage to public goods;

On April 28, 2014, at around 55: (a) the Defendant: (b) was arrested and detained as flagrant offender for the same reason as the preceding paragraph in the B police station’s cell located in Geum-Eup on the water at B, and was in custody, the Defendant removed CCTV, which is a public object installed in a tent in his/her hand, and thereby damaged the repair cost to the extent that the amount equivalent to 30,000 won is exceeded.

3. Performance of official duties;

On April 28, 2014: (a) around 10, the Defendant, at the detention room of the foregoing B police station, destroyed CCTV, and the head of the custody and management team conducted verification of the degree of damage by the Defendant as referred to in the preceding paragraph, and obstructed the police officer, who was in charge of the management of the detention room, in one time, off the slicker who was trusted for the Defendant while checking the degree of damage by the slicker D; and (b) obstructed the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. C Each police statement to E;

1. Each statement of F, D, G, H, and I

1. Reporting each photograph, the act of destroying CCTV, each custodian's duty in the custody, and the custody of each custodian;

Reporting on the disturbance of A, and reporting on witness to the assault of a police officer of the host A.

1. A medical certificate;

1. Each investigation report and investigation report;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 257(2) of the Criminal Act (the point of injury by existence), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties)

Article 141(1) (a) (a point of damage to public goods), each choice of imprisonment with prison labor.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

Article 1 (Assault)

[Scope of Recommendation Form]

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

Article 2 (Obstruction of Performance of Official Duties)

[Scope of Recommendation Form]

Category 1 of the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties / Compelling of Duties) Basic Area (from June to April)

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years and 2 months;

【Determination of Sentence】

It is difficult to avoid severe punishment due to the nature of the crime, such as assaulting a police officer and damaging public goods, and the circumstances, which are not good. It is difficult to avoid severe punishment. It is difficult to protect a police officer from committing an indecent act against a juvenile on February 2, 2013, which was sentenced to a fine by committing an indecent act against a juvenile.

However, the defendant's age, character and conduct, family environment, etc. shall be determined by taking into account the circumstances where he/she has received medical treatment for a long time due to a long time and other circumstances shown in the records.

Judges Park Young-young