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(영문) 대구지방법원 의성지원 2019.02.28 2018고단265
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Suwon District Court’s Pyeongtaek Housing Site, and completed the execution of the sentence on July 2, 2016.

At around 11:10 on December 13, 2018, the Defendant, at the two team rooms of the C Correctional Institution confinement management in the B around 11:10 on December 13, 2018, caused injury to the victim, i.e., a prison officer affiliated with the said correctional institution, by being accompanied by the disturbance as a spathy, while she was frighting the disturbance from the previous ward and being accompanied by the disturbance as a spathy.

Accordingly, the defendant, by force, interfered with prison officers' legitimate execution of duties concerning the maintenance of order in prison, and inflicted injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A working report, matters to be observed at the same time, and a written diagnosis of injury;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of statutes of judgment;

1. Article 257 (1) of the Criminal Act and Article 136 (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;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive of the crime, means and result of the crime, etc., under Article 35 of the Criminal Act among repeated offenders, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case.

The favorable circumstances: The defendant acknowledges his mistake, repents, and does not repeat again.

On June 28, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., by the Suwon District Court on June 28, 2018 and is under execution of the sentence.

At the same time as a correctional officer inflicts an injury on the correctional officer, the nature of the crime is not good, and the degree of injury is not weak.

Defendant.

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