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(영문) 부산지방법원 서부지원 2018.09.18 2018고단1069
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 27, 2011, the Defendant was sentenced to five years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) at the Busan High Court, and completed the execution of the sentence in the lawsuit against the third intersection of the North Korean Island on June 7, 2015.

[2] On April 24, 2018, the Defendant: (a) requested an interview for the acceptance of the Defendant in front of the 3rd Dong of the Busan Detention House, which was located in the school site of the Busan Detention House, in front of the 3rd Dong of the Busan Detention House; and (b) during the interview with the D above Busan Detention House, the Defendant thought that the Defendant did not receive the Defendant’s application properly; (c) took part of the face face of the said D as a drinking house; and (d) took part of the son E and F face of the said D as a drinking.

As above, the Defendant interfered with legitimate execution of duties concerning prison management, maintenance of order, etc. in Busan detention house such as D, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made by D, F, G, E, H, and I;

1. Written statements of J and K;

1. Each work report and each investigation report;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the judgment, etc.);

1. Article 136 (1) of the relevant Act concerning facts constituting an offense (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is committed by the Defendant on the grounds that the Defendant was sentenced to 12 years of imprisonment with prison labor due to special robbery, etc. and was serving as a prison officer for the reason that the correctional officer did not properly receive his/her application even during the repeated crime period, and the nature of such crime is not good. In order to establish the State’s legal order and eradicate public peace, there is a need to strictly punish the crime of interference with the performance of official duties; the Defendant was punished one time of fine due to the crime of interference with the performance of official duties while serving in prison; and the Defendant was punished one time of imprisonment with prison labor.

However, the defendant.

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