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(영문) 수원지방법원 2015.12.03 2015고단4805

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On June 12, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence in the female prison on March 25, 2015.

【Criminal Facts】

On October 6, 2015, a correctional officer C belonging to the Suwon Detention House deemed the Defendant to assault E (F No. 176) from the Suwon Detention House D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the Defendant continued to assault, and the Defendant was forced to enter the ward, and the Defendant was prevented from entering the ward. At that time, the Defendant assaulted C’s her blick with his her blick, etc., and her blicked with his her left blick with his flick, etc., on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order in the detention house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, E, G, and H;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the period of repeated crime of a suspect);

1. The reason for sentencing of Article 136 (1) and Article 30 (Selection of Imprisonment) of the Criminal Act on the crime at the same time and the reason for sentencing [Scope of Recommendation] where the degree of violence, intimidation, and deceptive scheme is minor (special mitigation) in the mitigated area (one month or August) of the obstruction of performance of official duties (special mitigation) [decision of sentence] Where the defendant committed the crime of this case at the same time while the defendant was serving a repeated offense while serving a repeated term, it is inevitable to sentence imprisonment, taking into account the fact that he committed the crime of this case without being aware that he committed the crime of this case.

The period of imprisonment with prison labor shall be determined as per the order, in consideration of various circumstances that are the conditions for sentencing, including the fact that it is a contingent crime and the fact that the defendant reflects the fact, along with the circumstances presented as the reasons for the sentence.