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(영문) 광주지방법원 해남지원 2018.11.08 2018고단332

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On December 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of obstructing the performance of special official duties in the Southern Branch of the Gwangju District Court on December 7, 2017, and is currently confined to the Southern Branch.

[2] On June 28, 2018, the Defendant: (a) on the ground that at around 14:50 on June 28, 2018, the remaining prison C entered the area of a prisoner who did not want to do so, and (b) on the ground that the Defendant: (c) removed the water pipe, which is a dangerous object from a toilet, several times; (d) removed the water pipe, which is an object incidental to the toilet, on several occasions; and (e) broken off the 2 head of the Mapo-gu toilet, the window 4 head of the living room, and one head of the entrance door of the living room; and (e) did not comply with the correctional officer D, E, and F of the South prison, who intends to enter the place to control the Defendant.

“Along with the sound, the fenced in the pipe of the said water pipe was fluored by fluor and 1 television fluor, and the shoulder fluor, which is a dangerous object, was fluored for them.

As a result, the Defendant carried dangerous articles and interfered with legitimate performance of duties related to D, E, and F’s prison order maintenance work, and damaged 7 windows equivalent to the market price of 100,000 won, and 55,000 won, which are used by South prisons in the line of official duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A work report for each worker;

1. Each police statement made with respect to G and H;

1. Photographs and quotation;

1. Previous convictions in judgment: Inquiry into criminal investigation records, issuance of a certificate of confinement, and application of Acts and subordinate statutes concerning personal confinement;

1. Articles 144(1) and 136 of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties for carrying dangerous articles) and Article 141(1) of the Criminal Act (the point of impairing goods for carrying dangerous articles);

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

1. Selection of each sentence of imprisonment;