2016Gohap353 Injury caused by special obstruction of performance of official duties, or damage to special public goods

Voluntary ○○ (80 - 1), self-business

Residential Nam-gu Incheon Metropolitan City Mapo-ro

Reference domicile Chungcheongnam Nam-gun District

Pursuant to Article 14 of the Criminal Procedure Act, the court shall hold a trial on the part of the defendant.

Attorney Yu-soo (National Election)

August 31, 2016

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 120 hours.

Facts of crime

1. Damage to special goods for public use;

On May 6, 2016: around 20: around 20, the Defendant received 112 reports pertaining to suicide from the Defendant’s wife, and received reports related to suicide from ○○○○, a police officer belonging to the Seonam-dong Police Station Seodong-gu, Incheon, Incheon, where the Defendant was searched, while he was sitting in a front line of the OOO apartment apartment located in the office of the Nam-gu, Incheon, Nam-gu, Incheon, with a view to 4300 U.S., which was parked in the front line of the OOO apartment, and caused damage to 460 U.S., U.S., 196.

Accordingly, the defendant carried dangerous articles and damaged articles used by public offices.

2. Injury resulting from special obstruction of performance;

The Defendant, at the above date and at the above time and place, committed an assault, such as: (a) proceeding in the future the said car, which is an object dangerous to escape after shocking the said car with the said car; and (b) shocking the left side of the victim HaO (54 years old) to the front part of the said car; (c) obstructed the police officer’s legitimate performance of duties related to the 112 Report; and (d) caused the victim to suffer an injury to the scinum salt in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. Investigation report (Attachment, etc. of Blue Park Track Images);

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as field map, damaged photographs, photographs, etc.;

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

Articles 144(1) and 141(1) of the Criminal Act (the point of damaging special goods for public use, the choice of imprisonment), Articles 144(2) and (1), and 136(1) of the Criminal Act (the point of obstructing performance of official duties by special person)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the scope of Aggregate of Punishment for Injury resulting from Special Obstruction of Official Duties as indicated above, and Articles 38 (1) 2 and 50 (Concurrent Crimes within the scope of Aggregate of Punishment for Injury resulting from Special Obstruction of Duties as indicated above)

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Reasons for sentencing: Imprisonment with prison labor for a year and June 1 to March 20.

2. Application of the sentencing criteria;

(a) Crimes of damaging special goods for public use in holding: Basic crimes;

[Determination of Type] Crimes of Obstruction of Performance of Official Duties

[Scope of Recommendation] Aggravation, one year to four years of imprisonment

B. Crimes of causing special obstruction of performance of official duties

[Determination of the type] Type 1 (Bodily Injury resulting from Obstruction of Special Public Duty) (Bodily Injury resulting from Obstruction of Public Duty) (Special Convicts)

[Scope of Recommendation] Reduction Area, 1 year and 6 months to 3 years. The scope of Recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for a year and 6 months to 5 months (the lowest limit of the recommended punishment according to the sentencing criteria for crimes of injury resulting from special obstruction of performance of official duties as set forth in the holding)

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, each of the crimes committed by the defendant in this case, "the defendant would commit suicide with his or her wife," and is on board his or her own motor vehicle with his or her house and under the influence of alcohol. The defendant's failure to comply with the request of the police officer dispatched after receiving a report of 112 on suicide by his or her wife, resulting in damage to the patrol vehicle by driving the above motor vehicle and causing injury to the police officer again, and the nature of the crime is very poor.

However, the Defendant made a statement that all of the instant crimes were led to the truth-finding during the confession of all the instant crimes. The Defendant appears to have caused the instant crime by contingency under the influence of alcohol. The Defendant did not have any criminal record except for those sentenced to a fine due to drinking driving in 2011. The Defendant paid and processed KRW 366,391 as indicated in the patrol vehicle as automobile insurance money, and deposited KRW 300,000 for the victim lower○○○○○. The Defendant expressed his intent not to be punished, considering the difficult circumstances of the Defendant. Considering these circumstances favorable to the Defendant, taking into account the circumstances favorable to the Defendant, the Defendant’s age, character and conduct, environment, and circumstances after committing the instant crime, etc., the execution of imprisonment is suspended for a certain period of time, but it is desirable to determine the same sentence as the order of the community service order to prevent recidivism and to instruct social edification.

The judge's personal display

Judges Jeong-he

Judges Giving exclusive authority to judges