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(영문) 창원지방법원 마산지원 2016.10.26 2016고단956

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant sentenced ten months to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Changwon District Court, and completed the execution of the said punishment on November 13, 2015.

On August 24, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan High Court on September 1, 2016, which became final and conclusive on September 1, 2016, and was in the execution of the said sentence.

At around 09:25 on September 3, 2016, the Defendant: (a) listened to the statement that “bron is coming to the reading time at the place; (b) he was a prison officer affiliated with the Changwon Prison, a prison officer affiliated with the Changwon Prison, and rejected it; and (c) threatened D with D, when he was coming to the string room with D, he threatened D, “I am in the vicinity of the area where I am going to do so. I am in the open and secret state of the door, and if I am to the front door, I am in the front door.” The Defendant threatened D, “I am in the open and secret state of the door, I am in the front door.”

As above, the Defendant interfered with a correctional officer’s legitimate execution of duties relating to the correctional officer’s instruction, treatment and safe guard.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by a special judicial police officer;

1. A work report prepared by D on workers;

1. Previous records: Application of criminal records, investigation reports, and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] There is no basic area (six to one year and four months) of the obstruction of performance of official duties [Decision of sentence] 6 months [Defendant is sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Changwon District Court on January 16, 2014 (the defendant was sentenced to ten months of imprisonment with prison labor for an injury by a deadly weapon, etc. and was sentenced to imprisonment with prison labor for a repeated crime on November 13, 2015). The defendant committed the crime in this case even after the execution of the above punishment was completed, and the crime in this case was committed on August 24, 2016.