2013 Highest 1778 Obstruction of Performance of Official Duties, Bodily Injury, Property Damage

2013 initially 787 Application for a compensation order

nan

Residence

Reference domicile

Kim Jong-hee (Court Prosecution) and Kim Jong-hee (Court Decision)

Attorney (at Law Firm National Assembly)

nan

January 22, 2014

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

An applicant for compensation shall be dismissed.

Facts of crime

1. Damage to property;

On November 24, 2013: around 50, 2013, the Defendant: (a) misleads the Defendant into the Defendant’s house under the influence of alcohol at the ○○○○○○○○○○’s residence, and, (b) damaged the Defendant’s house so that the Defendant would incur repair costs on the market price by destroying the table table owned by the victim equivalent to KRW 500,000,000 at the market price by cutting off the table table by pushing the Defendant when the victim was able to remove the Defendant.

2. Injury;

The Defendant continued to inflict a bodily injury on the part of the victim who suffered from the above victim’s ○○○○○○○○○○, and caused the victim to face the side glass and the chest part of the victim at least 3-4 times by walking the victim’s side glass and the chest part of the breast part of the victim, which are in need of approximately three weeks of treatment.

3. Performance of official duties or injury;

On November 25, 2013: around 40, the Defendant was arrested as a flagrant offender at the detention room of the Cheongju Police Station located in Cheongju-dong, 354 - 10, 10, on the ground of paragraphs 1 and 2 of this Article, and subsequently, the Defendant committed assault, such as: (a) the defect in the inspection of the belongings for entering the detention room of the Defendant, Do○○○○○, which belongs to the above police station; (b) the defect in the inspection of the Defendant’s belongings for entering the detention room of the Defendant, and (c) the price of the inside of the Dosan-dong, Cheongju-dong, P

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the management of the detention room, and at the same time, the Defendant inflicted an injury on the victim slope, such as an alley closure of the inner frame, which requires approximately three weeks medical treatment.

Summary of Evidence (Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury), and Article 366 of the Criminal Act (the point of causing damage to property)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

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

1. Dismissal of application for compensation;

Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc.”) has favorable circumstances such as the confession of the defendant to commit a crime, the fact that the defendant deposited two million won to ○○○○○○○○○○○○○○○, etc., and the fact that the police officer has been punished for the same kind of crime, interfered with police officer’s performance of official duties, and thereby has inflicted an injury on the police officer, and other unfavorable circumstances such as the victim’s failure to agree with the victims, and other unfavorable factors of sentencing

Judges Shin Young-jin