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(영문) 대구지방법원 2013.10.18 2013고단5045

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On February 9, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of extortion in the Daegu District Court Kimcheon Branch, and was sentenced to four months of imprisonment with prison labor for larceny at the Daegu District Court on May 2, 2013 during the grace period, and the said sentence became final and conclusive on May 10, 2013, and the sentence of the said suspended sentence was invalidated. On August 24, 2013, the Defendant completed the execution of the said sentence at the Daegu District Court on August 24, 2013.

On August 16, 2013, at the Daegu detention center located in 541, 36,00, as the punishment for larceny, the Defendant: (a) completed a movement in front of the shower box located in Daegu detention center on August 16, 2013 when the sentence was executed; (b) however, (c) entered the shower box without having been located in his body, and (d) instructed the teachers belonging to the Daegu detention center to “Ie the Hae Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie I am Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie I am am Ie Ie Ie Ie I am Ie Ie Ie Ie Ie Ie I am Ie Ie I am Ie Ie I am Ie Ie I am Ie I am Ie I am Ie I am, I am I am I am, I am.".

As a result, the defendant interfered with the legitimate execution of duties of prison officer C's prison management.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. Application of Acts and subordinate statutes of each service report;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;