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(영문) 대구지방법원 포항지원 2020.02.20 2019고단1682

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On October 11, 2019, the Defendant was sentenced by the Seoul High Court on three years and six months to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc., and was sentenced on October 15, 2019, and is still serving in the port prison at the present port.

At around 23:40 on October 30, 2019, the Defendant: (a) 143, 143, 3, 3, 40, 40, and 3, 200, 3, 200, 3, 200, 3, 200, 3,000, 3,000, 3,000, 3,000,000, 3,000,0000, 3,00000, 200,0000, 200,0000, 200,000, 200,000, 200,000, 200,000, 20,000, 20,000, 200,00).

As a result, the defendant interfered with legitimate execution of duties of correctional public officials on the security and order maintenance of prisons.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A working report;

1. Investigation report (inspection of screen pictures and CDs at the case site);

1. Personal history of confinement wards, and each judgment;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act (Selection of Imprisonment) of the choice of punishment;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Although a sentence of sentence has been sentenced and execution of sentence has been obstructed by a prison officer’s lawful performance of official duties in the prison, the crime is grave, and damage has not been taken from the victim.