(영문) 부산지방법원 서부지원 2018.12.12 2018고단1315

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2018.12.12 2018고단1315

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 14:40 on June 19, 2018, the Defendant assaulted the C Team D, teachers E, teachers, and teachers F, who were dispatched to the Republic of Korea upon receiving a request for support to the effect that “the Defendant is able to take a bath within the Dong, and is going against the Defendant’s back to the left side of the said E in drinking.”

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

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes to any documentary evidence taken by the victim;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria (a person who has no special sentencing person).

2. The Defendant, who was sentenced to a five-year sentence of imprisonment for the crime of death resulting in continuing injury, committed the instant crime without being aware of the fact while the sentence was being executed. The instant crime obstructed legitimate performance of official duties by a correctional officer, who ought to be absolutely protected in order to establish a prison order by exercising violence against a correctional officer who was on duty while performing his/her duties. As such, there is no record of being punished as a crime of interference with official duties due to extremely poor nature of such crime, taking into account the favorable circumstances, such as that there is no record of being punished as a crime of interference with the performance of official duties. In addition, the instant punishment shall be determined as ordered by taking into account all of the sentencing conditions revealed in the process of the record and

참조조문

-형법 제136조 제1항

유사 판례

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