2019 Highest 5169 Performance of Official Duties

Gangwon-do (tentative name), 75 years old, South, and insurance solicitors;

Residential Ulsan

Reference domicile

Kim Young-young (prosecutions) and his/her personal defense (public trial)

Attorney Kang Jin (Korean National Assembly)

May 7, 2020

Defendant B shall be punished by imprisonment with prison labor for eight months.

Facts of crime

On November 14, 2018, the defendant was sentenced to six months of imprisonment for special assault at the Ulsan District Court, and the execution of the sentence was terminated on May 16, 2019. The defendant, at around 00:15, Dec. 5, 2019, 201, "at the ○○○○○ Branch located in Ulsan-gun, U.S.--, in the first place of business," "I am up to the first floor by leaving the son's performance plaque," which was reported by the above 112 owner, called "I am up to the 112 police box belonging to the Ulsan District Police Station, the police officer assigned to the same assistant police officer, and the above 2 of the police officer was called as "I am up to the 112 report," and "I am up to the 2nd floor of the police gun."

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. The legal statement of the defendant

1. Application of Acts and subordinate statutes to police statements made to 2 police officers;

1. Relevant provisions concerning criminal facts;

Article 136(1) of the Criminal Act

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

1. Scope of recommending sentences according to the sentencing criteria

[Determination of Type] Crimes interfering with the Execution of Official Duties, 01. Obstruction of Performance of Official Duties (Type 1)

【Special Sentencing Sentencing】

- Aggravations: Cumulative Offense

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

2. Determination of sentence;

In order to establish the state's legal order and eradicate the light of the public authority, the crime of interference with the execution of public duties needs to be punished strictly, and the defendant was punished twice by the obstruction of performance of official duties (one year of suspended execution in April 2015 and four months of imprisonment in April 2017) and committed the crime of this case without being aware of it even though he was a repeated crime of the same kind, and there was a record of 15 times of punishment due to violent crimes.

○ favorable circumstances: The fact that one's mistake is recognized and reflected, and that one's efforts was made to provide gold alcohol, such as the treatment of alcohol.

Judges Kim Jong-hwan