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(영문) 대구지방법원 서부지원 2016.12.02 2016고단1166
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2016, at around 10:15, the Defendant, at around 10:15, made a dispute with D and bathing, which is the prisoner of the same ward in the Gyeongbuk-gun, the first prison, and the second prison, where he was located in the Cheongbuk-gun, the Defendant obstructed the legitimate execution of duties in relation to the maintenance of order in the above E prison, which is a correctional public official, by threatening 1.5 liter with water, by threatening 1.5 liter with the water and attempting to go to the above E, by threatening the above E prison, which is a correctional official.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the protocol of examination of witnesses to D and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's act cannot be deemed as a threat that may cause a public official to feel fear because his/her defense counsel did not have the defendant to attend theization, and that his/her physical contact between the defendant and the correctional public official was not possible due to the iron hold. However, in full view of the defendant's violent crime history at multiple times, the defendant's behavior cannot be deemed as a mere expression of a complaint or an emotional expression, or the other party's expression and behavior, and the defendant's act cannot be deemed as a threat that he/she lost his/her ability to commit the crime of this case because he/she did not have any dispute with another prisoner, and since he/she could not be physically contacted with the defendant, the defendant's act may not be deemed as a threat that he/she had been subject to disciplinary punishment of this case 45 days of punishment of this case.

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