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(영문) 수원지방법원 2017.08.18 2017고단2811
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On May 11, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) at the Seoul High Court, and the judgment became final and conclusive on June 20, 2017.

[Criminal facts]

1. On January 23, 2017, at around 10:40, the Defendant: (a) placed a defect in order for the Defendant to wear protective equipment on the part of the correctional officer, such as the victim C (the 38 years old), etc., who is the school member of the said detention house, to wear protective equipment, and (b) removed the victim by asking the victim's hand, etc. for about two weeks of treatment; (c) placed the victim on the part of the head of the said detention house.

As a result, the defendant interfered with legitimate execution of duties concerning safe guard duties by correctional officers, and at the same time, inflicted an injury on the victim.

2. 공무집행 방해 피고인은 2017. 1. 24. 11:22 경 위 수원 구치소 가동 3 층 D에 있는 진정 실에서, 교도관들이 의무관의 처방에 따라 피고인에게 주사제를 투여하려 하자 화가 나, 발로 위 구치소 소속 간 호주 사인 피해자 E( 여, 55세) 의 복부를 1회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning sanitary and medical measures in prisons.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second suspect examination protocol against the accused;

1. Each police statement protocol against C and E;

1. Investigation reports (Submission of photographs of evidence with the upper part of the victim C), investigation reports (Submission of the victim C injury diagnosis reports), investigation reports (Submission of suspect C injury examination records), and observation matters in the same situation;

1. Each service report;

1. Previous convictions in judgment: A report on investigation (report on the confirmation of a criminal offense committed by a person who is under convict), inquiry into criminal records and investigation records, and application of Acts and subordinate statutes significantly to this court;

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

1.Article 40 of the Criminal Code of Trade and Trade.

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