2019 Highest 2663 Special obstruction of Performance of Official Duties, Intrusion upon Residence, Violence

A 56. Symar

Stopy (prosecutions) and a bill or a trial (public trial)

Attorney* (Korean National Assembly)

September 24, 2019

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Facts of crime

1. Intrusion upon residence, and violence;

On July 17, 2019: 07:0, the Defendant, around Ulsan-gun : 00, * Eup * 00 OF * 00 OF * Ma, 82 years old). In the residence of the victim B (n, 82 years old) (n, 82 years old), Belgium was accumulated, and Belgium was flicked by the victim who flicked the victim's door and pushed it into the victim's place of residence, and entered the victim's place of residence, and then the victim's face was flicked up to the victim's face.

Accordingly, the defendant invadedd the victim's residence, and assaulted the victim.

2. Special obstruction of performance of official duties

On July 17, 2019: at around 23, 2019: Around 07:23, a person under the supervision of the Defendant: (a) 112 notice was sent and sent to Ulsan Police Station; and (b) the Defendant sent back to the Defendant’s residence of the Defendant pursuant to C, the police box of the Ulsan Police Station, ○○○○○○, the residence of the Defendant, carried out the knife knife (the total length of 24cm, the knife is 13cc) that is dangerous to the Defendant’s house located in front of the front of the entrance, and threatened the Defendant with the knife knife knife, “..........., the knife knife knife knife knife C.

Accordingly, the defendant carried dangerous objects and interfered with police officers' performance of their duties.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 144(1), 136(1)(the point of special obstruction of performance of official duties), 319(1)(the point of intrusion upon residence), 260(1)(the point of assault) of the Criminal Act, and the choice of each imprisonment.

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Article 48(1) of the Criminal Act

Reasons for sentencing

1. Sentencing criteria:

A. Crimes of obstruction of special performance of official duties and violence

[Scope of Recommendation Form]

Category 1: Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties / Compelling of Duties): Aggravation (Dangerous Water)

Of course: one year to four years)

2 Crimes: Types 1 of Violence Crime> (General Violence): Aggravation (victims vulnerable to crimes: 4

Between January and June 1)

Many crimes: one year to four years;

(b) Crimes of intrusion upon residence;

The sentencing criteria are not set.

(c) Dealing with multiple crimes with those that have not set the sentencing criteria: At least one year;

The crimes for which the sentencing criteria are set and those for which no sentencing criteria are set are set shall be based on the lower limit of the range of sentence according to the sentencing criteria only because the crimes for which the sentencing criteria are set and those for which the sentencing criteria are set fall under the concurrent crimes

2. Determination of sentence;

Based on the above sentencing criteria, the fact that the facts charged are recognized, contingent crimes, and elderly people on the other hand.

The punishment as ordered shall be determined by comprehensively taking into account the circumstances such as the violence of a female victim, threatening police officers with a knife, and the fact that violence has been committed and several criminal records have been committed, and various sentencing factors, such as the age, character and conduct, environment, motive of crime, etc. of the defendant.

Judges Park Young-young