200 Highest 1030 Special Violence, obstruction of performance of official duties, theft

200 Highest 2446 (Joints)

20 Highest 2576(Joints)

Park Jong-Defendant, 84 Yearss, Women's, and Non-Service

Residential Ulsan

Reference domicile

Seogyeong-won, Park Sin-won, Park Sin-kwan, and Park Sin-kwan (Trial)

Attorney Kim Kim (Korean National University)

July 24, 020

A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

【Criminal Power】

On August 9, 2019, the Defendant was sentenced to a suspended sentence of six months for fraud at the Ulsan District Court for a period of two years, which became final and conclusive on August 17, 2019. 【Criminal Facts】

2020 Highest 1030

1. Special violence;

Around 20:10 on January 13, 2020, if the Defendant did not extract from the victim’s gambi (ma, 41 years of age) who is the owner of the business in the Nam-gu Nam-gu in Ulsan-gu, Ulsan-gu, the Defendant: (a) held the horses at the bar (90cm in total length) and met the victim’s face. Accordingly, the Defendant, carrying a dangerous product, and assault the victim.

2. Performance of official duties;

At around 20:15 on the same day, the Defendant tried to leave the scene by stating that it would be a police official belonging to the Ulsannam Police Station, who received the above 112 report and received a request to present personal information in order to process a assault case reported by the head of the OO in the Ulsannam Police Station, a police official belonging to the OO branch of the Ulsannam Police Station, a person who was requested to present personal information in order to handle a assault case reported by the head of the OO branch of the O branch of the Ulsannam Police Station, a police official, or a person who was a police officer, should be aware of why he would be informed without permission, and why she would be informed of the resident registration number of her resident registration number. In order for the Defendant to arrest the Defendant as a flagrant offender in the special assault case, the Defendant notified of the Dao principle to arrest the Defendant as an offender in the act of violence. Accordingly, the Defendant interfered with the legitimate execution of duties by a police official on handling the 112 reported case.

2020 Highest 2446

3. Larceny;

On February 22, 2020, the Defendant: (a) discovered the Defendant’s 133’s Maluri-ro, Ulsan-gu, Ulsan-ro, 133’s Maluri-ro, which was parked in this place; and (b) took advantage of the gap where surveillance in the surrounding areas is neglected; (c) cut off one Goo-ro, the market price of which is equivalent to KRW 300,000,00,000, and one KON-ro, the market price of which is equivalent to KRW 80,000,000,000.

"200 Highest 2576"

4. Larceny;

On May 15, 2020, at around 13:47, the Defendant stolen a 300,000,000 won of the market price of the victim Kim Jong-hee at a bus terminal located in Ulsan-gu, Ulsan-gu, Ulsan-gu, 133, and a mix female-style bags, identification card, credit card, cash 50,00 won of the market price contained therein, and two copies of cultural products worth KRW 60,000,00 of the 10,000,000 won of the cultural products, and cosmetics. The summary of evidence is summary.

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Articles 261 and 260(1) of the Criminal Act (the point of special assault), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 329 of the Criminal Act (the point of larceny), the choice of each imprisonment penalty

1. Aggravation for concurrent crimes;

Judgment on the defense counsel’s assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

The defense counsel asserts that the defendant was in a state of mental and physical disability due to the symptoms of the crime of this case at the time of the crime of this case. However, in full view of various circumstances such as the background, method, and the defendant's act before and after the crime of this case recognized by the above evidence, it does not seem that the defendant had the ability to discern things or make decisions due to the symptoms of the crime of this case. The defense counsel's assertion is rejected

1. The grounds for sentencing: Imprisonment with prison labor for one month to nine years;

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

(a) A primary crime;

[Determination of Punishment] Violence 03. Assaults / [Type 6] Repeated / Special Violence

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Area, Imprisonment from April to October 1.

(b) Second crimes (Obstruction of Performance of Official Duties);

[Determination of Punishment] Crimes of Obstruction of Performance of Official Duties, 01. [No. 1] Suspension of Performance of Official Duties.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor from six months to one year and six months. Third Crime (Larceny)

[Determination of Punishment] thief thief thief thief thief thief thief thief thief thalf thalf thalf thalf

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from April to August

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to September 19, 200 (the first crime maximum + the second crime maximum + 1/2 of the third crime maximum + 1/3 of the third crime maximum);

3. Determination of sentence;

The punishment as ordered shall be determined by taking account of various sentencing factors, such as the defendant's confession to commit the crime of this case, the partial recovery of stolen damage, the fact that there is no record of punishment for the same kind of crime, and the age, environment, family relationship, health status, means and consequence of the crime, and circumstances after the crime.

Judges Kim Gin-Un

1) The Defendant was granted a decision of acceptance on May 25, 2020 in Ulsan District Court 20 seconds 464 with the Ulsan District Court 20 seconds 464, and the said decision became final and conclusive on June 4, 2020

The sentence of suspended execution was revoked.