2015 Highest 871 Injury, damage to public goods, obstruction of performance of official duties

○○ Kim (58 years, South Korea), other employees

Emotion picture (prosecutions) and Kim Jong-ho (Trial)

Attorneys Kim Jong-sik (Korean National Assembly Line)

June 25, 2015

A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

1. Injury;

On February 27, 2015, at around 00 00 p.m., the Defendant: around 10 p.m., around 00 p.m. 4 p. p. p. p.m., the Defendant continued to put the head part of the victim’s hair into a imp.m., and continued to put the victim’s hair into 00 p.m. at around 00 p.m., when the victim’s f. and f.m. face, the Defendant saw the victim’s head part of the b.m., which requires approximately two weeks of medical treatment.

2. Performance of official duties;

피고인은 2015 . 2 . 27 . 00 : 41경 위 00모텔에서 전항과 같은 폭행사건이 있다는 신고 를 받고 출동한 양산경찰서 중앙파출소 소속 순경 김○호가 폭행 경위를 파악하려고 하자 " 야이 씨발놈아 야 뭐 내가 뭘 잘못했는데 " 라며 고함을 지르고 이마 부위로 김○ 호의 얼굴을 2회 들이 받고 , 재차 김○호의 얼굴에 침을 1회 뱉고 , 김○호의 다리 부위 를 발로 1회 찼다 .

Accordingly, the Defendant interfered with the legitimate execution of official duties of the police officer Kim-○ on the handling of the 112 reported mobilization case.

3. Damage to public goods;

On February 27, 2015: around 20 02: 20, the Defendant: (a) arrested a flagrant offender for the crime of obstruction of performance of official duties on the ground of the foregoing paragraph (2) at the detention room of the Yangsan Police Station located in Yangsan-si, Yangsan-si, for the same reason, destroyed the following parts of the vehicle, glass door, by opening a door to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate to the gate.

Accordingly, the defendant damaged the blocking of Akyl, which is a public object of 165 and 000 won at the market price used in the detention room of the Yangsan Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Kim○-do, White-do, * Each police suspect interrogation protocol against A

1. The written statement of police against .. Kim○-ho, best*, *, *, *, *, *, *, this*, this* the written statement of police against *

1. A written diagnosis of injury;

1. A copy of the written estimate;

1. Each investigation report (in the case of disturbance, etc. of a detention room, investigation into damage of a detention room in a police station, and flouse of a detention room for damage;

Plastic Cuts Restorations

Application of Statutes

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

Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 141(1) of the Criminal Act (the point of damage to public goods) and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

1. Sentencing criteria:

-1 Crimes (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)

【Special Convicted Persons】

None

- - Two offences of violence,

[Scope of Recommendation Form]

General Injury. Type 1 (Bodi Injury......... from February to one year)

[Special Mitigation]

In case of failure to punish (including serious efforts to recover damage) or where damage has been restored to a considerable part;

-3crimes of obstruction of performance of official duties.

[Scope of Recommendation Form]

Type 1 (Invalidity of Public Articles) (No. 1 or 8) for the mitigation area (no. 1 or 1)

[Special Mitigation]

Where the value of the invalid or destroyed article is insignificant;

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 20 days

2. Determination of sentence;

In light of the fact that the Defendant had been sentenced to a two-year suspended sentence for the crime of obstruction of performance of official duties in 2009 and so on eight criminal records related to violence were committed, and that the Defendant had been sentenced to a two-year suspended sentence for the Defendant in 2009, and the record of criminal punishment was committed again without being imprisoned ten times even though the Defendant had been sentenced to criminal punishment, there is no severe punishment: Provided, That the Defendant shall be sentenced to punishment as set forth in the Disposition, considering the following: (a) the victim did not wish to punish the Defendant; (b) the victim was committed under the influence of alcohol; and (c) the victim was committed

Judges Doese