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(영문) 대구지방법원 안동지원 2015.05.22 2015고단162
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to imprisonment with prison labor and three years and six months for attempted murder in the Daegu District Court, and is still serving in prison at the same time.

At around 14:40 on January 23, 2015, the Defendant tried to fighting with the same prisoner B, a prisoner, at the Dong-dong prison work site entrusted to the Ansan-gu, Pungsan-si, Pungdong-si, 4380-23, at the same time, the Defendant was under contact with the victim C (the age of 45) of the Dong-dong patrol Team called the victim, who was dispatched to the police station, and the victim was under contact with the victim who was under contact with the victim, and the victim was moved to move to the police station for investigation on the ground of the Defendant’s violation of the rules and regulations. While the above prison and entrance, the Defendant used the victim’s desire to read “packe, I am B, I am B, I am.” The Defendant was under the direction of the above prison and entrance, and the victim was under the influence of the victim’s chest at one time and the upper part of the front part of the victim’s chest by selling and selling.

As a result, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order in the correctional institution, and at the same time, the Defendant inflicted an injury on the victim, such as chills, tensions, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (a medical certificate for a victim);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. The reason for sentencing under the former part of Article 40 and Article 50 of the Criminal Code for the crime of commercial concurrent crimes [Scope of Recommendation] General / In the case of minor injury (special mitigation (special mitigation (special mitigation) / In the case of obstruction of performance of official duties] under the basic area (special mitigation (special mitigation (special mitigation) / [decision of sentence 1 and Types 4] 4 months of imprisonment with prison labor / In the case of suspension of performance of official duties, the defendant committed a bodily injury with the victim by failing to take part while being sentenced to imprisonment with prison, and without being familiar with the victim at the time of the crime of this case, without being familiar with the victim.

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