2016 Highest 2388 Performance of Official Duties

A

The movement port (prosecution), Kim Jong-sung (Trial)

Attorney B (Korean National Assembly)

September 7, 2016

Defendant shall be punished by a fine of KRW 3,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

Criminal History Office

On April 22, 2016, at around 23:51, 2016, the Defendant: (a) was given a penalty disposition on the road in front of the Defendant, on the road in Ulsannam-gu, Busan-gu, 231, on the road; (b) was given to Dogmen affiliated with C District of the Ulsan Southern Police Station C District and E, who was working as a base for the prevention of traffic death; (c) the Defendant sent the said police officer a notice of penalty for the unauthorized crossing of the road; and (d) made the said police officer an anti-end and booming the said police officer; and (d) prevented the police officer from getting out of the patrol vehicle or getting out of the patrol room and leaving out of the patrol room, and if the penalty was not revoked, the Defendant respondeded the above police officer as if he would have any disadvantage in relation to his status.

The Defendant continued to collect the hand due to the difference of windows in which the said patrol car was found to start, and tried to catch the bridge of the above E, which was in the driver’s seat.

As above, the Defendant assaulted and threatened the above police officers, thereby hindering the police officers from performing their legitimate duties in relation to their base service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

Application of Statutes

1. Article applicable to criminal facts;

Article 136(1)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (the grounds for punishment), taking into account various circumstances, such as the circumstances of crimes committed in the records and pleadings, the degree of assault and intimidation (not having direct physical contact), reflective attitude, and criminal record (not having been punished for obstruction of performance of official duties of the same kind).

Judges Shin Shin-young