2017Gohap705, 800 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(Retaliatory Violence, etc.), interference with business, special violence,

Performance of Official Duties, Violence

A

He/she has received decorations (prosecutions) and gamblings (public trial)

Attorney B (Korean National Assembly)

September 21, 2017

Defendant shall be punished by imprisonment for not less than two years and six months.

A seized kacker (No. 1) shall be confiscated.

Criminal facts 2017Gohap705

1. Interference with business;

On June 21, 2017, at around 19:30 on June 21, 2017, the Defendant, “E, a restaurant operated by the victim D(69 years of age) in Gwanak-gu in Seoul Special Metropolitan City, demanded the victim to receive the credit after drinking alcohol and food, and subsequently requested the victim to receive the credit, the Defendant expressed the victim's desire to do so to the customer, and such remarks as “I am spath,” and “I am for 30 minutes of disturbance,” and interfered with the victim's restaurant business by force.

2. Violence;

(a) Crimes on June 21, 2017;

The Defendant, at the time and place mentioned in the above paragraph (1), told the victim F (the 66-year-old age) who was a customer, while avoiding the disturbance as above, made a assault by taking a hot water from the water purifier into the World Cup and booming the victim.

(b) An offense on June 2017;

At around 13:00 on June 27, 2017, the Defendant committed assault, such as Hadra, a neighboring party, who was punished by Ha and Si expenses, due to the use of Hadra underground warehouse in Gwanak-gu in Seoul Special Metropolitan City, and Had the victim J (64 years of age) expressed Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro."

3. Special violence;

At the date, time, place, as described in the above 2-bb above, the Defendant committed assault against the victim, such as her knife, 57 years of age) and her knife, her panty, and her knife, with his knife, and her knife, with his knife’s knife, with his knife at one time, and with his knife, with his knife (11cm in length, knife No. 1).

4. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

As stated in the above paragraph (1), the defendant was reported to the Maak Police Station and was under investigation in order to interfere with the victim D's restaurant business affairs.

On June 28, 2017, when the victim reported to the police, the defendant found in the above "E" around 12:30 on June 28, 2017, and reported to the victim "Y," and "I am not guilty of the victim's death of the victim in the frien disorder?" "I am not guilty of the victim in the frien disorder", "I am the victim's head several times by drinking, etc.", and assaulted the victim for retaliation against the victim's reporting of the defendant.

5. Performance of official duties.

A. Crimes on June 28, 2017

At around 14:00 on June 28, 2017, the Defendant was arrested in the act of assaulting D, as described in the above paragraph (4), and was transferred to a police station detention room under the accompanying of the police officer who belongs to the above police station K and the police officer of the above police station, the Defendant sent the above L to the police station detention room? The Defendant sent the above L to the police station detention room? The Defendant was inside the police station of Gwanak-gu, Seoul. 5-ro 5-ro 33, 200, and asked the arms of the above L while taking a bath for the foregoing L, such as "I am within the police station and go to the detention room?" In the detention room of Gwanak-gu, Seoul. 200, the Defendant obstructed the legitimate execution of duties related to the management of a police officer's illness by committing an assault.

Act on June 9, 2017, 201.

On June 9, 2017, around 00:35, the Defendant: (a) committed assault, such as assaulting the police officer’s back head and left arms several times in Seoul, Jung-gu, Seoul, about 303-9, when the two children’s park continued to divide emergency exit labels installed in the said park without any justifiable reason, and warning the Defendant that the police officer NN belonging to the police station Mountainous Zone in Seoul, which was dispatched to the scene would not enjoy emergency bells; (b) thereby obstructing the police officer’s legitimate performance of duties concerning the maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, I, L;

1. Each police statement made to J,O, or N;

1. Each statement of F and P;

1. A criminal investigation report (the currency with the victim F);

1. The CDs of each damaged photograph, on-site photograph, documentary evidence image, and voice files at the scene of special violence, and CCTV CDs at park sites;

1. Records of seizure, list of seized articles, photographs of seized articles (kackers, length 11cm);

1. Ratifications (verification of the results of identification at the scene of the crime);

Application of Statutes

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

Article 314(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 261 of the Criminal Act; Article 261 of the Criminal Act; Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 260(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act (the point of obstruction of performance of duties and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest penalty

1. Confiscation;

Judgment on the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

A. With regard to the crime No. 2-A of the criminal facts, water rootsd to the victim F is merely a supporting material.

B. With regard to paragraph 3 of the crime, the victim did not have her knives or knives on the knives of the victim.

C. Regarding the facts of the crime No. 4, the victim D was found to be subject to a challenge against interference with business and did not assault for the purpose of retaliation.

2. Determination

A. In full view of the fact that D, a witness, has spreaded hot water to the victim F, and the victim has drieded." The victim stated in the police that "the defendant has drieded hot water and the supporting material." The defendant also stated in the prosecutor's office that "the defendant was mixed with hot water and supporting material, so that the victim was frighted to the victim." In full view of the fact that the defendant stated that "the victim was frighted with hot water and supporting material," it can be acknowledged that the defendant abused the victim by drinking hot water to the victim.

B. Comprehensively taking account of the following facts and circumstances admitted as evidence by this court as legitimate adoption and investigation, the fact that the defendant was clicked by the victim I, and the knives day can be recognized. ① The victim consistently stated from the police to the court that the defendant was at the time of his/her knives. ② The defendant also recognized the fact that the knives day was collected among the victims and the knives exchanged with the knives. ③ After the defendant collected the knives day, the police officer taken the knives to the front of the defendant. ④ The victim stated that “the police officer dispatched at the time was trying to knickly knives and knives on the scene of special violence (referring to a knives and a voice file CD at the scene of special violence). ⑤ The victim and witness stated that both the defendant and the witness expressed that the victim were knives on the part of the victim.

C. Comprehensively taking account of the following facts and circumstances admitted as evidence by this court as evidence, this court may recognize that the Defendant abusedd the victim D for the purpose of retaliation against the report. ① consistently “At the police station up to this court, the victim: “I am not guilty of the death of a person in her mental disorder;” and made several statements. ② The Defendant’s entry into the restaurant operated by the victim, and the police officers outside the restaurant did not know the victim’s wife, and subsequently, I am out the victim’s wife, and kept the victim in mind. ③ After the Defendant was arrested on the spot, the Defendant continued to take a serious bath for the police officers. ④ The Defendant, as stated in paragraph (1), was unable to find the victim even after interfering with the victim’s restaurant business as of June 22, 2017; and the Defendant returned to the police officer, making it difficult for the police officer to report the victim.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to 45 years;

2. Application of the sentencing criteria;

(a) Basic crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

[Determination of Punishment] Violence Crime No. 7 (Assaults for Purpose of Retaliatory)

[Special Aggravations] Aggravations: Victims vulnerable to crimes.

[Scope of Recommendation] Aggravated Punishment, one year to two years and six months

(b) Concurrent crimes: Special assault;

[Determination of Punishment] Types 6 of Violence Crimes (Habitual, Cumulative, Special Violence)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months to 10 months of imprisonment

(c) Second concurrent crimes: Crimes of obstruction of performance of official duties;

[Determination of Punishment] Class 1 of the obstruction of the performance of official duties (in case of coercion of the performance of official duties)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months to 1 year and 6 months

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one year to three years;

3. Determination of sentence: Determination of sentence shall take into account the following circumstances in imprisonment with prison labor for a period of two years and six months and taking into account the defendant's age, character and conduct, development process, environment, motive, means and result of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, and the scope of recommended sentences in sentencing guidelines as ordered.

【Unfavorable Circumstances】

The Defendant interfered with the restaurant business of the victim D, carried dangerous objects, or reported himself to the police, and took violence to the police officers, and bread them. In particular, considering the fact that the victim of the assault is in physical disability Grade 4 and Grade J and D are in physical disability 2, the nature of the crime is very bad. Nevertheless, the Defendant does not seem to seriously reflect the victims, such as not recognizing the crime properly and causing the victims. Since the arrest of the Defendant, it is very good attitude to the police officers during the investigation process, such as causing serious humiliation and damage to the police station material. The victims want to punish the Defendant.

【Free Circumstances】

The Defendant did not have been subject to criminal punishment for about 20 years until now. The Defendant seems to need intensive mental and medical treatment, such as suffering from stimulative dynamic disorder.

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun