2016 Highest 3982 Special Obstruction of Performance

Ma○○ (36 - 1), and non-permanent,

As the Dong-si circulation in residential harmony

Permanent Residence Waters in Reference State

Lee Jong-young (Institution of Prosecution), Lee Woo (Public Trial)

Law Firm Baritus

Attorney Notarial-hun in charge

August 18, 2016

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Facts of crime

On April 6, 2016, the Defendant lost a claim for a loan that was filed against the ○○○○○ in charge of the instant lawsuit, and deemed that the cause was due to the fact that the court assistant ○○○○○, who was the party involved in the instant lawsuit, did not deliver the documents to the Defendant upon the request of the said highest○○○○○○ in charge of the said lawsuit, and that he had the mind to resist the victim.

On June 9, 2016: Around 50, the Defendant committed assault on the part of the above ○○○○○○, which had not been given due attention to the Defendant, by putting in place one of the dangerous articles ( approximately 30cm in length, 320cm in weight) that was in possession of in advance at the 7th floor of the Incheon District Court in the Nam-gu Incheon District Court.

In this respect, the defendant carried dangerous articles, thereby hindering the legitimate execution of duties of court officials in relation to court affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement on ○○○ and ○○○;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. The victim's cover photographs, hacks photographs, site photographs, investigation reports (examination of hacks size, etc.), investigation reports (Search of related cases);

Application of Statutes

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

Articles 144(1) and 136(1) of the Criminal Act; the choice of imprisonment

Reasons for sentencing

[Scope of Recommendation] Category 1 (Obstruction of Performance of Official Duties / Forced Performance of Duties) Aggravation (one year to four years)

[A person under special guard] In the event of showing the power of an organization or a large number of people or carrying dangerous objects (one type)

* Scope of sentence comparison between applicable sentences and recommended types: one year to four years

【Determination of Sentence】

After filing an appeal against the Defendant in the civil action brought by him, the court that participated in the first instance trial.

The victim’s reputation, which is a public official, committed violence with a deadly weapon, and without any ground against the victim’s solicitation from the other party to the civil lawsuit, and the nature of the crime of this case is bad. The Defendant was diagnosed with various obstacles, such as memory disorder, surface disorder, dementia, etc. since 2013 with the age of 80 years old. The Defendant was diagnosed with the age of 20 years, and did not commit any other crimes except the criminal records of the fine due to the crime of occupational embezzlement in 1987. It appears that the Defendant was committed with the other party by withdrawing the lawsuit that the Defendant filed at the appellate court of the above civil lawsuit after the crime of this case and by failing to raise a civil and criminal objection, and the Defendant adjusted with the other party by withdrawing the lawsuit that the Defendant filed at the appellate court of the civil lawsuit of this case after the crime of this case, and by taking account of all other circumstances constituting the conditions for sentencing specified in the argument of this case, the sentence shall be determined in accordance with the order of the sentencing guidelines.

Judges Kang Young-young