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(영문) 서울동부지방법원 2018.04.12 2018고단181

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment for a crime of interference with the performance of official duties at the Seoul Northern District Court on November 3, 2015, and completed the execution of the sentence at the official prison on March 17, 2016. On April 20, 2017, the Defendant was sentenced to six months of imprisonment for a crime of assault at the Seoul Northern District Court on April 20, 2017, and completed the execution of the sentence at the Dong Branch of Seoul Northern District Court on September 12, 2017.

[Around 10:45 on January 3, 2018, the Defendant, while being admitted to Dong-dong, Seoul, Dong-dong, Dong-dong, Seoul, and 103 Dong-dong, Dong-dong, Dong-dong, Seoul, had a big dispute with other prisoners. On the other hand, the Defendant, who was managing the above 103 Dong-dong, committed assaulting the Defendant by spiting off the face of the above D, “I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am.”

Accordingly, the defendant interfered with prison officers' execution of punishment and legitimate execution of duties concerning prisoners' guidance and guidance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on criminal investigation (prior convictions for repeated crimes and current status of confinement of individuals);

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

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is that the defendant assaultss a correctional officer who executes official duties to commit the crime, and repeatedly commits the crime despite the record of punishment for the same criminal record two times, and that it is a crime during the period of repeated crime, and that it is favorable that it is a confession and reflect.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.