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(영문) 광주지방법원 순천지원 2016.06.22 2016고단198

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2008, the Defendant is a person who has been sentenced to 12 years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery) at the Jeonju District Tribunal of the Gwangju High Court, and is serving a prison in the netcheon Prison.

1. On December 31, 2015, the Defendant damaged public goods, at the net prison B located in 790, in a white-ro, a written white-ro, 16:20 on December 31, 2015, requested C’s cleaning rejection D, but later, the Defendant is expected to do so.

The article was damaged by the total market value of KRW 803,00 by removing the above B toilet door from the floor, by cutting three a board of the window of the toilet with drinking, by removing the toilet door, by removing two a spacker and a spacker from the window frame.

In this respect, the defendant damaged the articles used in the net prison which is a public service worker.

2. The Defendant obstructed the performance of official duties, and at the same time and place as the foregoing paragraph 1, the Defendant was prevented from committing the act, such as Paragraph 1, from the Victim F (38 tax) of the E Team Teachers affiliated with the Net Prison.

The Defendant was lying on the floor and faced with the removal, and caused the victim's left side of knee, resulting in the victim's injury to the left side of the victim several times, such as about two weeks of treatment.

Accordingly, the defendant interfered with the legitimate performance of duties by the public official of the net prison, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, D, and I;

1. Each service report;

1. Four copies of CCTV evidence photographs;

1. A written diagnosis of injury;

1. Application of the statutes governing a written estimate;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Imprisonment with prison labor for each choice of punishment;