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(영문) 광주지방법원 목포지원 2014.06.27 2014고단285

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2014. 2. 5. 08:30경 전남 무안군 C에 있는 D교도소 수용처우2팀 사무실에서 진료를 받기 위해 대기하던 중 옷을 벗으면서 소란을 피우는 피고인을 제지하던 D교도소 소속 교도관인 피해자 E(48세)의 정강이를 오른발로 1회 걷어차고, 얼굴을 주먹으로 2회 때리고, 옆에서 이를 말리던 같은 교도관인 피해자 F(31세)의 정강이를 오른발로 1회 걷어찼다.

On February 5, 2014, at around 09:30 on February 5, 2014, the Defendant used the victim H (27 years of age) face of the victim who was a nurse of the said medical institution, who had kept the Defendant in custody of the same correctional institution and the medical clinic, at one time, at the same time as a prison officer (31 years of age). At around 10:10 on the same day, the Defendant assaulted the victim H (27 years of age) who was a nurse of the said medical institution, who was under the victim’s respiratory for medical treatment at the above medical clinic.

As a result, the defendant assaulted the victims of prison officers and nurses who belong to the D prison, interfered with legitimate execution of duties concerning the safe guard and management of prisoners, and at the same time, injured the victims E, such as non-consult blood and the old-consult so that the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, F, G, H, and I;

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

1. Each service report;

1. Application of the Acts and subordinate statutes of the injured party photograph, evidentiary video CDs;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. In the event that an act of assaulting or intimidation was committed against multiple public officials performing the same official duties as those of the victims E and F under Articles 40 and 50 of the Criminal Code, and the crimes of assaulting or intimidation against victims E and F, and among the crimes of assaulting or intimidation against victims G and H, multiple crimes of obstructing performance of official duties are established according to the number of public officials performing official duties. The above assault or intimidation is the same at the same place.