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(영문) 대전지방법원 2015.02.27 2015고단254
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

C is an unconvicted prisoner who was confined to Daejeon Prison from February 22, 2013 (many number D) and who was tried in the first instance court (2013 high-level 478-1, etc.) and the appellate court (2014No758, etc.) due to fraud, etc. at the Daejeon District Court (hereinafter referred to as the "Semany Court") and the defendant is an attorney-at-law in charge of the argument in the above case in question in question in November 7, 2014.

C Around August 26, 2014, at a meeting room of the Daejeon Prison, which is located in the Daejeon Seodong-gu, Daejeon, requested the Defendant to the effect that “The Defendant would bring radio to him so that he can hear at night in the night in the correctional institution, and would bring his head to his hair string, head string, head string, and head broom,” and the Defendant responded to this.

However, according to the Administration and Treatment of Correctional Institution Inmates Act and the Enforcement Rule thereof, "goods delivered to a prisoner by a person other than a prisoner" may be delivered to a prisoner with the permission of the head of a correctional institution. In the case of goods which include strings, etc. which can be used for escape, suicide, self-harm, etc. or goods which are likely to harm the security or order of a correctional institution, it shall not be permitted, and goods which are likely to harm the security or order of a correctional institution

Nevertheless, at around 14:45 on September 1, 2014, the Defendant, at the interview room for the defense counsel of the Daejeon Correctional Institution, sent a small radio device, 50 head ropes, 1 head belt, 2 head room, which was hidden in an envelope of the trial records, to a correctional officer E, who was working in his/her place, and C, concealed the radio received by him/her in the clothes, and carried him/her into the correctional institution by hiding the documents of the lawsuit.

Accordingly, the defendant, in collusion with C, interfered with the legitimate execution of duties by the prison officer to monitor the entry of non-permitted goods into prison by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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