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(영문) 수원지방법원 여주지원 2017.10.11 2017고단837
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[criminal record] On March 30, 2015, the Defendant was sentenced to one year and two months of imprisonment for embezzlement at the credit support of Suwon Franchi, and the execution of the above sentence was terminated at the original prison on November 30, 2015. On January 19, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Franchi, and the judgment became final and conclusive on June 29, 2017.

[Criminal facts]

1. The Defendant is a person who was under confinement in a detention house located in the Gyeonggi Sports C.

On April 22, 2017, around 11:50 on April 22, 2017, the Defendant puts inmates in the detention house E room.

on the ground that the victim F, a working person, does not immediately call the Dong patrol Team (CRPT) at the time of the fighting, the victim “h” before other inmates, such as G, for the reason that the victim F, who is the employee, does not immediately call the said

The victim was openly insultingd by verbal abuse, such as bitched fluor, CRPT fluor.

2. On May 19, 2017, the Defendant interfered with the performance of official duties: (a) around 08:35, at the above D detention center H Dong; (b) at the above D detention center H Dong, the teacher I, who was working for the said D detention center, was in the direction in which the said I was located, when he denied the introduction of the handout for the reason of the disciplinary period; and (c) “whether the inside of the goods was wrong;

I tried to see ‘I', ‘I see', ‘I see', and assaulted the body of the above I with the chest and the ship.

Accordingly, the defendant interfered with legitimate execution of duties of correctional public officials related to the confinement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K and I;

1. Each police statement made against L, G, M, N, and F;

1. Investigation report (Submission of a photograph of the Myeongjin that the person was under investigation);

1. Complaint;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to the defendant's legal statement, inquiry of criminal history records, investigation reports (Attachment of judgment, etc.), and personal confinement status;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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