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(영문) 창원지방법원 진주지원 2015.08.12 2015고단420
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 26, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on December 26, 2014, and the judgment became final and conclusive on January 3, 2015.

The accused committed any of the following crimes under the lack of the ability to discern things or make decisions due to mental fissionation:

1. On December 29, 2014, the Defendant committed the crime committed on December 29, 2014, at around 18:10, the Seoul Detention Center 143, Jinyang-si, Jinyang-ro, Seoul Detention Center 143, thereby refusing correctional officers to have the Defendant wear the protective device, causing them to injure their head, and assault the correctional officer C’s face belonging to the Seoul Detention Center her head.

As a result, the defendant interfered with the legitimate execution of duties of prison officers on prisoners management.

2. 2014. 12. 31.자 범행 피고인은 2014. 12. 31. 09:20경 위 서울구치소 진정실에서 식기를 파손하는 등 소란을 피워 이를 제지하던 서울 구치소 소속 교감 D, 교위 E에게 주먹을 휘두르며 폭행하고, 그 옆에서 피고인에게 진료를 권유하는 서울구치소 소속 교도관 F(29세)의 낭심 부위를 발로 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties of correctional officers on the management of prisoners, and at the same time, the victim F needs to be treated for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each special police officer to C and F;

1. Each work report of G and E;

1. Each photograph, screen image, and certificate of injury;

1. Previous records: Investigation reports (verification of the results of separate trials and reports on the binding of indictments), written judgments, etc., and application of Acts and subordinate statutes to report the previous records and results of confirmation of dispositions;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties and of injury committed on December 31, 2014)

1. Selection of each penalty of imprisonment;

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