2016Gohap1184 Special injury resulting from obstruction of performance of official duties, damage to special public goods, special

Access to a structure;

A

A leapment (prosecutions, public trials), lectures, and public trials.

Attorney B, C, D

March 30, 2017

A defendant shall be punished by imprisonment for two years.

Criminal facts

At around 03:00 on November 1, 2016, the Defendant, who had recently been faced with daily life due to lack of day-to-day care, had a sense of reflection on the E’s friendly life, which is known as the so-called “non-line real rent,” reported press reports related to E’s attendance at the prosecutor’s office at the Mosel located in the Jeonbuk-gun, North Korea on November 1, 2016. The Defendant, who had recently been faced with E, was able to pay off a letter at the prosecutor’s office where E is located, operated a fright truck owned by the Defendant, and displayed it to Seoul.

1. Intrusion upon special buildings, or damage to special goods for public use;

On November 1, 2016, at around 08:15, the Defendant loaded a truck on the lane in front of the Supreme Prosecutors' Office located in Seocho-gu, Seoul, the distribution of Seocho-gu, and boarded the clicker, which was loaded on the truck loaded on the clicker. This type was defective by the police assigned for special guard H to control the clicker, and the Defendant moved the cbin and the clicker down the clicker from the truck by manipulating the clicker, and threatening H to the clicker's house.

On November 1, 2016, the Defendant entered the Supreme Prosecutors' Office by allowing the police assigned for special guard not to access the rocks and rms of the racker by leaving the racker to the racker floor in order to prevent the entry of the racker in light of light 08:20 on November 1, 2016.

On the other hand, the defendant continued to operate a soft machine, which is linked to the rail of stairs from front stairs of the Supreme Prosecutors' Office to the front stairs of the public service center of the Supreme Prosecutors' Office, and gets up the stairs to the direction of the public service center, and after getting up the stairs, gets up the entrance of the public service center, gets off or opened the building columns, entrances, glass windows, electric sign boards, etc.

As a result, the Defendant intruded into the Supreme Prosecutors' Office by driving a cater which is a dangerous object, and damaged things used by public offices so as to make approximately KRW 150,913,00 at the cost of repairing the restoration, such as the entrance and exit breaker of the Supreme Prosecutors' Office management, stone stairs, the entrance and exit exit of the public service center, electronic sign boards, windows, and columns.

2. Injury resulting from special obstruction of performance;

As seen above, the Defendant driven the sofags to the Supreme Prosecutors' Office, and faced them into the police assigned for special guard, which was under security service, and threatened the fagbsing of the fags on either side or side.

Accordingly, it was found that the brush of the brush of the brush is trying to control the defendant, and the defendant transferred the brush to the right and right and left the brush of the brush, so that the brush of the I can be cut off to the brupt of the brush.

As a result, the defendant was injured by the driver of a dangerous property so that he could interfere with the legitimate execution of his duties, such as security duties of the Supreme Prosecutors' Office I of the police assigned for special guard.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, H and I;

1. Seizure records;

1. A medical certificate, estimate, disbursement resolution, statement of transactions, etc.;

1. Arrest report and investigation report (Analysis by time at the scene of the crime and on-siteCCTV);

1. On-site photographs, CDs reproduced on-siteCCTV, screen pictures, intrusion CDs by the Supreme Prosecutors' Office, screen pictures, and video CDs;

1. Comprehensive details of vehicles, comprehensive details of vehicles, construction machinery register, and motor vehicle register;

Application of Statutes

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

Articles 144(2) first sentence and (1) of the Criminal Act, Articles 144(1) and 141(1) (a) of the Criminal Act, Articles 320 and 319 (a) of the Criminal Act,

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the penalty and penalty provided for in the serious injury resulting from special obstruction of performance of official duties)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law;

From June to 21 years of imprisonment;

2. Application of the sentencing criteria;

(a) Injury resulting from special obstruction of performance of official duties;

[Scope of Recommendation] Basic Field 1 (Bodily Injury resulting from Obstruction of Public Duty) (Bodily Injury resulting from Obstruction of Public Duty)

[Special Mitigation (Aggravated Punishment)] In the event of punishment (including serious efforts for the recovery of damage) / In the event of serious injury (a type 1)

(b) Damage to special goods for public use;

[Scope of Recommendation] Destruction of the Nullity of Public Articles 1 (Invalidity of Public Goods)

【Special Convicted Person】

(c) Entry of special structures: No sentencing criteria shall be set.

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years (in cases of concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the sentencing criteria are set and crimes for which the sentencing criteria are not set, compliance with the lower limit of the scope of sentencing in the sentencing criteria for crimes for

3. Determination of sentence: Imprisonment with prison labor for two years, jury verdict results, and sentencing opinions.

(a) A verdict of guilt or innocence;

"guilty": Seven persons (nives)

B. Opinions on sentencing

Two years of imprisonment, three years of suspended execution: One person;

Three years of imprisonment and four years of suspended execution: One person;

- Two years of imprisonment: 5 persons;

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han