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(영문) 부산지방법원 서부지원 2018.05.01 2018고단25
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 18, 2017, the Defendant listened to the Busan prison C in Busan, which is located on the 29th road, the 16:20 Busan Gangseo-gu, Busan, Busan, the 29th central coast, about December 18, 2017, in consultation with other prisoners.

In the case of the noise of arrh, the noise of arrh ar, and the arrh ar, the arrh ar and the arrh ar, who expressed the arrh arh arh ar, expressed the arrh ar, and the arrh arh ar.

Then, the Defendant took the face of the above E in her head because he / she would put the Defendant’s arms and bring it into the three team offices for the purpose of investigating the disturbance as above. In doing so, the Defendant was taken the face of the above E in her head by stating, “I d. I d. I amb in the chin, and I amb. I d. I amb.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the acceptance and management of correctional public officials, and at the same time, the victim E (37 years) suffered injury such as tear tear, etc. of the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in E, G, and D;

1. H’s self-statement;

1. Each service report;

1. Application of the Acts and subordinate statutes governing evidence photographs;

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. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The sentencing guidelines set by the Supreme Court sentencing committee are not applicable in the event that there are ordinary concurrent crimes among the crimes of the scope of the recommended punishment according to the sentencing guidelines. Therefore, the above sentencing guidelines should be referred to.

(a) In the case of interference with the performance of official duties in the aggravated area (six months to two years) of Category 1 (Assaults) general injury (Scope of recommended punishment) (hereinafter referred to as general injury) (hereinafter referred to as "special aggravated area");

B. Second Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties / Type 1 (Obstruction of Execution of Official Duties / Forced / From June to June) basic area (Special Sentencing Person) / [Special Sentencing Person].

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