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(영문) 수원지방법원 2020.05.20 2019고단7977

공무집행방해

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 30, 2018, the Defendant was sentenced to imprisonment with prison labor for a special injury, etc. by the Suwon District Court and for one year and eight months, and the sentence is being executed in the Suwon Detention House, and B is a person who served as a correctional officer in the detention House.

On October 28, 2019, the Defendant was instructed by the teacher B of the Suwon Detention Center, who kept safe guard of the prisoner, to wear and exercise the name on the part of the Suwon Detention Center, which was located in Suwon-si, Suwon-si, Suwon-si, 176.

While the Defendant continued a movement with the complaint of B’s instruction, the Defendant committed assault, such as talking to B, who is under safe guard with a trial line, that C, who is under safe guard of B, said B, “I grow up as C, I will grow up,” and assault B’s chest part with both hand, such as “I will grow up as C, I will grow up.”

As a result, the defendant interfered with the legitimate execution of duties of prison officers on the safe guard of prisoners.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by police about C, D, and E (Reference Witnesses);

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

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 57 of the Criminal Act including the number of days of pre-trial detention is to be imposed on the grounds of sentencing, taking into account the following circumstances: Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime as ordered.

The defendant's crime of obstruction of performance of official duties needs to be strictly punished as a crime detrimental to the function of the State by obstructing the exercise of legitimate public authority. In particular, the defendant's crime is an assault by a correctional officer during his/her punishment, and is not good.

- The Defendant from the Suwon District Court on November 30, 2018.