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(영문) 창원지방법원 마산지원 2019.05.17 2019고단51

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 15, 2017, the Defendant was sentenced to one year and six months to imprisonment for the crime of larceny, etc. at the Changwon District Court on June 2, 2018 and completed the execution of the sentence at the Common Detention House on June 2, 2018, and finally decided April 10, 2017;

On October 5, 2018, the Changwon District Court sentenced two years to imprisonment with prison labor for the crime of larceny, etc., which became final and conclusive on January 10, 2019.

【Criminal Facts】

1. Around 15:50 on December 27, 2018, the Defendant asked the victim C of the C, a correctional officer, to “ how return to society and the correction subsidy would have been made,” and then, I would like to hear the victim’s phrase “I would have come to know. I would be able to confirm. I would be able to wait for a short time. I would see that the victim “I would have come to know, confirmed, and observed. I would have been able to do so.” However, in the case of six prisoners, I would like to see that the victim “I would have known, confirmed, and observed. I would have neglected, but I would have to do so.”

2. At around 16:10 on the same day, the Defendant: (a) expressed the desire to be asked about the factual basis of the insulting act as stated in paragraph (1) by the prison officer E, etc.; (b) expressed the disturbance; (c) expressed the disturbance to the said F; and (d) intending to use the metal protection zone after taking the lock by the correctional officer’s teaching staff members and the school level G, etc.; and (c) expressed the desire to “F sat down, sat down, sat down, etc.” to the said F; and (d) assault F, such as satching the satch.”

As a result, the defendant interfered with the legitimate execution of duties of prison officers on the safety and maintenance of order in prison accommodation facilities.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, D, H, F, and G;

1. Each service report prepared by F, I, C, and J;

1. Written statements of D or K preparation;

1. Previous convictions in judgment: Criminal records, previous records and results of confirmation of dispositions, and each judgment; and