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(영문) 대구지방법원 안동지원 2018.08.10 2018고단214
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal history] On April 15, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of official duties at the Suwon Friwon, etc., and completed the execution of the sentence at the first intersection of North Korea North Korea on December 15, 2016.

[2] On February 9, 2018, the Defendant: (a) was engaged in the manufacturing of a paper bank by linking the knife with the knife at the same correctional institution B located in Ansan-si, Ansan-si, Andong-si, Andong-si, Andong-si, 4380-23, and used the knife at the end of the 4380-23, for the purpose of combining the knife with personal goods not for the use of the paper bank control; (b) was found by the victim C (51) who is the school staff belonging to the Ansan-dong prison, and was able to remove the knife the knife in order to prevent the knife from being used for any purpose other than the paper bank control, and was able to remove the knife the knife with the victim’s left part of the knife by hand.

As a result, the defendant assaulted a correctional officer to interfere with a correctional officer's workplace and legitimate execution of duties on the management and supervision of prisoners, and at the same time, the victim was placed on the left-hand side of the need for approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. A written diagnosis of injury;

1. A criminal investigation report (victim's body photographic photo), a criminal investigation report (the scene photographic photo of the crime), and a criminal investigation report (the victim's oral receipt);

1. Previous convictions in judgment: Report of investigation (crimes and materials of investigation experience) and application of Acts and subordinate statutes to investigation reports (the same previous convictions);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing criteria shall not apply inasmuch as each of the above crimes is in a mutually competitive relationship as the sentencing criteria are applied or not.

2. The fact that the degree of injury of the victim who was sentenced to a sentence is not relatively much serious is favorable to the defendant.

However, the defendant.

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