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(영문) 제주지방법원 2016.11.30 2016고단2366

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On September 26, 2013, the Defendant sentenced the Jeju District Court to three years and six months of imprisonment for robbery, injury, etc., and completed the execution of the sentence in the Jeju Prison on October 15, 2016.

【Criminal Facts of Crimes】 On October 19, 2016, around 08:25, the Defendant was asked to build a shot on the ground that it was not a shot time from the correctional officer in charge of Jeju Prison C corridor located in the Jeju Prison Co., Ltd., the Defendant was not a shot time from the correctional officer in charge of the Jeju Prison Co., Ltd., 2016, and caused the Defendant to take the shotle of the victim by receiving a report during the disturbance, and shot a serious sound, etc., the Defendant was asked to bring the Defendant’s shotle of the victim by selling his arms, who was called “shot, mixed, mixed,” and who was requested from the victim E, the correctional officer in charge of the D, to move to the shotle room.

As a result, the Defendant interfered with the legitimate execution of duties of correctional officers regarding the management of prisoners, and at the same time, the Defendant inflicted injury on the victim, such as underwater water dynasium, and underwater water dynasium, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Each service report prepared by E and I;

1. Medical certificate, victim's photograph and photograph;

1. Previous convictions in judgment: Criminal history records, judgment, investigation report (current status of confinement by individual), and application of Acts and subordinate statutes to the current status of confinement by individual;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. A extenuating circumstances that are favorable to the determination of a sentence as ordered in consideration of the following circumstances as the reasons for sentencing Article 35 of the Criminal Act among repeated offenders: A sentence of imprisonment with prison labor and three years and six months is imposed on September 26, 2013, for the following reasons: (a) a prison officer has exercised violence against a correctional officer in the prison, and thereby a correctional officer has suffered bodily injury; (b) a prison officer has suffered bodily injury.