2014 Highest 849 Performance of Official Duties

A person shall be appointed.

Park Jong-dae (Court Prosecution) (Court of Justice) and Kim Tae-dae (Court of Justice)

Attorney B (Korean National Assembly)

November 4, 2014

A defendant shall be punished by imprisonment for one year.

Criminal facts

On April 30, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Chuncheon District Court, and completed the execution of the sentence on July 16, 2014.

1. Obstruction of the performance of official duties concerning handling of 112 reported cases;

On August 17, 2014: around 45, the Defendant reported 112 on the front road of the “D” located in Chuncheon City C, and took a look at a slope of the Chuncheon Police Station E-districtf, which was dispatched to the site.

이에 피고인은 112신고 사건 처리를 하던 F에게 다가가 같은 날 피고인에게 음주소란 행위로 통고처분한 것에 대해 따지며 " 이 새끼야 내가 뭘 잘 못했어 " 라고 하며 오른손 손가락으로 F의 가슴을 3 ~ 4회 찌르고, 그 모습을 촬영하던 휴대폰을 내리쳐 땅바닥에 떨어뜨리게 하였다 .

Accordingly, the Defendant interfered with the F’s legitimate execution of duties concerning the handling of 112 reported cases.

2. Obstruction of the performance of official duties for the 112 patrol duty.

On August 18, 2014: at around 05: at the same place as indicated in paragraph 1, the Defendant raised an objection to the notification disposition to F, “F,” “F,” and “F, upon boarding at the 112 patrols, entered the Chuncheon Police Station,” with F, and then making it knee. On the same day, the Defendant continued to file a complaint to F.F. Around 18:20 on the same day, the Defendant arrived at the front of the 112 patrols, returning to the earth for the patrol and return to the earth for the 112 patrol, and the Defendant did not have to bring an objection to F.F., the Defendant did not have to bring an assault to the police station and make a threat to the police.”

Accordingly, the Defendant interfered with the lawful performance of duties by F concerning 112 patrols by the above method.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Each police statement made to F and I;

1. Previous convictions indicated in the judgment: Criminal history records and other inquiry reports (A), investigation reports (reports on the results of verification, such as the previous record and the date of release);

Application of Statutes

1. Article applicable to criminal facts;

Article 136(1) of the Criminal Act (generally, Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

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

[Person under Special Leave]

Cumulative Offense

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

【Determination of Sentence】

In addition to the criminal records of the defendant's judgment, the same court was sentenced to the suspension of execution of official duties for the same reason on 1, 14. 1. 201. 1. 1. 1. 201. 1. 14. 6. 6. 2. 1. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1

Judges Choi Han-han