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(영문) 부산지방법원 2017.03.24 2016고단5059
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 4, 2016, around 08:10, the Defendant continued to sit down on the floor of the living room in Busan prison, which is located in the 29 major roads of Gangseo-gu Busan, Gangseo-gu, Busan, but was ordered by the above confinementr D to sit immediately.

Accordingly, D must go out from the ward to the office, defects in the office, and the defendant should not speak "Ne the defendant."

In the past, he saw that he was "I Dop, Dop" as a pipe room, saw D's dubial with a single hand, and use D's hand with another hand so as to make D's hand over the floor.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the confinement management of prison officers.

Summary of Evidence

1. Legal statements from witnesses D, E, and F;

1. Statement made by the police with regard to F or D;

1. Written statements of the F;

1. Application of the statutes governing each service report, CCTV video CDs;

1. Where the reason for sentencing under the pertinent Article of the Criminal Act and Article 136 (1) (Selection of Imprisonment) of the Criminal Act concerning criminal facts [the scope of recommending punishment] is minor in the area of mitigation (one type (one month to eight months), (one month) in the area of mitigation (any interference with performance of official duties and any coercion) [special mitigated person] of assault, intimidation, and deceptive scheme (a decision of sentence] of a prison officer who takes a desire to perform legitimate duties without being aware of himself/herself during a prison term, and assaults him/her, even after committing a crime, it does not go against himself/herself, and on the other hand, it appears that the instant punishment was imposed for 30 days in prison due to the instant case.

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