A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 30, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. and one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on June 8, 2017. On January 26, 2018, the Defendant was sentenced to two years of the suspension of the execution of eight months and one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on July 20, 2018.

The Defendant, around 11:10 on June 30, 2018, at the Jinju prison meeting room located in Jinju City located in 39, a 23-day, Ginnam-si, Jinnam-si, the Defendant: (a) sent the head to B, who is a school official belonging to the above prison, and pushed the chest part of the above B, as his hand, on the ground that there is a waiting time in the waiting room for the inmates, and (b) carried out the waiting room; (c) C, a school official belonging to the above prison, attempted to restrain the Defendant; (d) was defective, and (e) was sealed once by hand, and (e) was sealed by C’s breast part by hand, who was a school official belonging to the above prison.

As a result, the defendant interfered with the legitimate execution of duties of prison officers on the maintenance of order in prison.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against D, B, or C;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (reports on previous convictions and results of confirmation of such previous convictions);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of official duties in the judgment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Recommendations for the application of the sentencing criteria: Where the degree of assault is minor; and

2. The Defendant, who was sentenced to suspended sentence, was sentenced to a crime of interference with the performance of official duties in around 2017, and again committed the instant crime during the suspended sentence period.

The defendant was sentenced to a punishment for a special injury in 2018, and violence is committed in the present Jinju prison.