A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 17, 2016, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Busan District Court and completed the execution of the sentence on April 6, 2017.

피고인은 2018. 8. 23. 10:13경 부산 강서구 대저중앙로 29에 있는 부산교도소 제2작업장 앞 복도에서, 부산교도소 B 소속 교도관 C에게 현재 복용 중인 신경정신과약 교체를 요구하였으나 이를 들어주지 않자 “씨발, 당신하고 대화가 안 되니까 내가 고소를 하던지 알아서 하겠다.”라고 큰소리로 고함을 지르고 소란을 피워, 교도관인 피해자 D(37세)로부터 규율위반으로 처리하겠다는 말을 듣자 화가 나 위 피해자의 얼굴을 오른 주먹으로 수 회 때리고, 바닥에 넘어진 피해자의 머리와 등 부위를 발로 수 회 찼다.

As a result, the defendant interfered with the correctional officer's legitimate execution of duties on prison confinement management, and at the same time, there was no two or more common places in which the victim needs to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each service report by C, F, and G;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of written judgments and current status of personal confinement);

1. Articles 136 (1) and 257 (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;

1. Selection of imprisonment with prison labor chosen;

1. On September 22, 2017, the Defendant, with reason for sentencing Article 35 of the Criminal Act, committed the instant crime while serving a prison term of two years and four months after having been sentenced by the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The crime of this case constitutes a crime of the same kind committed during the period of repeated crime, such as injury as stated in the first head of the above crime.

The defendant committed each of the crimes in this case against a prison officer, and specific crimes are committed.