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(영문) 서울남부지방법원 2019.03.29 2018고단6158

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Ansan District Court’s Ansan Branch on October 16, 2015, and completed the execution of the sentence at the Net Prison on November 11, 2016.

【Criminal Facts】

around 07:10 on September 29, 2018, the Defendant: (a) committed an act of disturbing the cambling at H in Seoul Southern-ro, Guro-gu, Seoul, by having a complaint from the cambling room; and (b) having an emergency call bell, the cambling unit I, who was working for the cambon, was asked for the reasons of the cambon in the front of the cambon. If the cambon cambon, the cambon cambon cambas. If the I asked the Defendant to file the cambon with the cambon; (b) the Defendant cambas, upon the cambar’s door, expressed his desire to kill the bit, bitbit, bit, and fambarcing the camb on the face of the above I, who was called out to the cambon by using the entrance.

As a result, the defendant interfered with the legitimate execution of duties of prison officers on prisoners management.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence;