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(영문) 창원지방법원 마산지원 2017.09.18 2017고단382
상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 25, 2016, the Defendant was sentenced to imprisonment with prison labor for four years and six months at the Changwon District Court for robbery, etc., and the said judgment became final and conclusive on March 15, 2017.

[2] On March 14, 2017, around 09:45, the Defendant was waiting to undergo a trial at the Changwon District Court 313, the Changwon District Court 681, the Changwon District Court 313, the Changwon-si, the Changwon-si, the Defendant was faced with the face of the above correctional officer due to a head when the Defendant was faced with the disturbance from the victim B (37 years of age) who is the teaching staff of the Changwon prison, and was waiting for other prisoners in the atmosphere.

As a result, the defendant suffered injury to the victim, such as the injury of the victim's save and the impairment of the savement of oral surgery, and at the same time interfered with the correctional officer's legitimate execution of duties concerning the instruction and safe guard of prisoners.

Summary of Evidence

1. Each police statement protocol against C, D, B, and E;

1. Each service report;

1. A medical certificate;

1. Investigation report (the evidence photographs of the victim's upper part of the body), and photographs attached thereto;

1. Previous convictions in judgment: Application of criminal career data and investigation reports (verification of facts that are ex post facto concurrent crimes)-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act: (a) committed the instant crime in the atmosphere to be tried on the grounds of sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes; (b) committed the instant crime in the atmosphere in order to be tried on June 21, 2004; (c) sentenced to imprisonment for three years from the Gwangju District Court’s Net Branch Branch on June 21, 2004; (d) sentenced to a fine of two million won from the Gwangju District Court on June 21, 2006; and (e) sentenced to imprisonment for a crime of obstructing the performance of official duties on February 8, 2010; and (e) sentenced to imprisonment for three months from the Changwon District Court’s branch on March 31, 201; and (e) committed a crime of obstructing the performance of official duties and assault; and (e) sentenced to imprisonment for two years from the Changwon District Court’s branch on March 19, 2014;

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