2020 Highest 4388 Violation of the Aggravated Punishment, etc. of Specific Crimes Act

[Obstruction of Performance of Official Duties]

A, 1969 Plavers, South and North, and Water-proof Assistants

Residence

Reference domicile

Lee Jin-jin (Court of Prosecution) and Kim criminal (Court of Justice)

Attorney Doo-type (Korean)

April 8, 2021

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the accused to take a 40-hour alcohol treatment course.

Punishment of the crime

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

On October 18, 2020, at around 18:30, the Defendant assaulted a driver of a motor vehicle running in Ulsandong-gu, Ulsan-gu, U.S. on the road, such as the victim D (mae, 61 years old) taxi passengers, who are in operation E-si in operation of the victim D (mae, 61 years old) and who requested the victim to wear a horse at his destination, she is in his/her hand going to his/her face.

2. Performance of official duties;

(a) Performance of official duties by police officers F;

On October 18:50 on October 10, 2020, the Defendant heard the statement from a taxi driver who visited the said earth on the grounds of paragraph (1) before the Ulsan-gu G, the H District District, and assaulted F on the part of the police officer belonging to the said earth by taking advantage of approximately 20 minutes of the statement, such as “I would like to ambling or splling, ambling, I would know that I would like to ambling, ambling, and ambling within the said earth.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reported handling duties.

(b) Performance of official duties by police officers I;

On October 20, 2020, the Defendant: (a) committed assault on October 20, 202, such as: (b) the Ulsan Dong-gu J, the K police station, and the Defendant’s personal injury arrested in the act of committing an act of committing an act of violation of Article 2(a); and (c) the police officer under the jurisdiction of the police station, in order for the Defendant to board the escorting vehicle to have the Defendant enter the integrated detention room of the K police station; and (d) the above I, having the Defendant sitd in the seat above the Defendant’s seat and the clothes of the said I twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the escort of police officers.

Summary of Evidence

(Omission)

Application of Statutes

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

Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), and choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

Incompetence, violence is committed against police officers and repeatedly after arrest, the degree of violence is not strong and agreed with the driver, there is no previous conviction exceeding the fine, and the crime is divided, and the occupation, age, environment, etc. of the defendant is considered.

Judges Kim Yong-hee