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(영문) 대구지방법원 포항지원 2021.02.18 2020고단1589
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

[criminal records] On October 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months in prison for special larceny, etc. at the Suwon Franchi, and on June 6, 2020, the execution of the sentence was terminated. On March 27, 2020, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for a period of eight months in prison for special larceny and was sentenced to the suspension of execution on May 28, 2020.

[2] On October 31, 2020, the Defendant: (a) around 09:30 on October 31, 2020, the Defendant was drinking the entrance of the said ward at around 1001; (b) as the Dong-gu, Sin-si, Sin-si, Sin-si; (c) as to medical treatment in the Port B, the Defendant was able to control the Defendant; and (d) as to teachers C (S 41) thereby, “Ah ss

There is no door-friendlyness.

C. The expression “C.” refers to the following: (a) the above C puts the door of the above ward to the face of the above C; (b) the above C’s left side buckbucks one time, knee, knee, and the above C’s right bucks one time; and (c) the correctional officer continuously takes the Defendant into the office of the “YYY” and the above C, i.e., f., bitch bitch bitch bitch bitch bitch bitch.

The Defendant spits the face of the above C, thereby hindering the legitimate execution of duties concerning the maintenance of order of inmates, etc. of correctional officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. Each service report;

1. Certificates of confinement and records of electronic records of confinement;

1. Each photograph;

1. Previous convictions: Inquiry into criminal history, application of each judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the category No. 1] interference with the performance of official duties/no person subject to special sentencing]. The basic area of the recommendation [the scope of the recommended punishment and the scope of the recommended punishment], six months through one year and six months.

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