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(영문) 춘천지방법원 강릉지원 2017.08.29 2017고단784
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to imprisonment with prison labor for night vessel intrusion larceny in the early branch of the Chuncheon District Court on February 11, 2015 and completed the execution of the sentence in Daejeon Prison on December 31, 2015.

On June 9, 2017, the Defendant requested an interview with workers in charge of the second lower-rises who are confined to the teachers who belong to the Gangnam Prison, which was equipped with the work log, on the sports ground of the Dong branch of the Gangnam Prison, which was located in the Gangnam-si mutual aid on 413-15, but was rejected from B. B, “If an interview is changed and there is a lot of speech that would be the face of the week,” and the Defendant prevented the Defendant, and assaulted B with the lower-class and the chest part of the chest in his arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. Written statements of D and E;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal history, investigation reports (the previous convictions for repeated crimes and reporting accompanying judgments while continuing trials), and text of judgment;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of violence, intimidation, deceptive scheme, or obstruction of public duties is minor;

2. The Defendant, who was sentenced to sentence, committed the instant crime in prison during the period of repeated crime, and the nature of such crime is very poor.

However, considering the fact that the degree of violence is relatively insignificant and that the degree of violence is against one's wrong, the punishment shall be determined as per the order.

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