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(영문) 부산지방법원 2014.6.13.선고 2013고단5323 판결
공무집행방해,상해
Cases

2013 Highest 5323, 2013 Highest 5833(Joint), Bodily Injury

Defendant

A

Prosecutor

Yellow Jinia, Symnasium (public prosecution), Austrian (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

June 13, 2014

Text

A defendant shall be punished by imprisonment for one year. Seized evidence 1 shall be confiscated.

Reasons

Criminal facts

【Criminal Power】

On September 22, 2009, the Defendant violated the Punishment of Violences, etc. Act (a punishment of imprisonment with prison labor for two years and six months for a crime of harming groups, deadly weapons, etc.) at the Busan District Court on February 2, 2012, and completed the execution of the said punishment in the Ansan Prison.

【Criminal Facts】

Highest 5323)

1. From 00:00 to 04:00 on June 16, 2013, the Defendant demanded that the Defendant use the protective equipment connecting the Defendant’s hand and the patient’s sleeps in accordance with the Guidelines for Safe Guard Work, which is the safe guard working at the Busan Detention House, during the treatment of the Defendant’s harming the left-hand part of the trees, and require the said safe guard workers to unfold them by using the protective equipment connecting the Defendant’s hand and the patient’s sleeps in accordance with the Guidelines for Safe Guard Work, and the said safe guard workers “this sons, wats, wats, wats, wats, wats, wats, wats, wats, wats, wats, wats, and wats wats, wats wats, wats wats, wats wats, and wats wats h.

As above, the Defendant was judged to have been unable to properly treat the Defendant as the above safe guard worker, and the Defendant was transferred to the left-hand horse E as the head of the defect in order to escort the Defendant to the Busan detention center.

The Defendant, as such, abused E, C, and C, interfered with the lawful performance of correctional officer’s duties regarding correctional officer’s safe guard duties by assaulting the victim E, and at the same time, inflicted injury on the victim E, such as a chronum f, which requires approximately two weeks of treatment, on the part of the victim G, and on the part of the victim F, on the part of the victim E, which requires approximately two weeks of treatment.

Highest 58333

2. At around 12:40 on July 19, 2013, the Defendant: (a) at the J Hospital located in the Dong-gu Busan Metropolitan City, the Defendant took care of the left-hand ray, and (b) took care of the Defendant’s injury, the Defendant took care of the Defendant’s moving from the K K to the shower room in accordance with the direction of the safe guard duty; (c) when the Defendant took care of the protective equipment when the Defendant uses the shower room in the shower room, the Defendant took care of the said K on the ground that the Defendant took care of the protective equipment when using the shower in the shower room (e.g., the handk, the handked, the handked, the handked, etc.).

As such, the Defendant interfered with a correctional officer’s legitimate performance of his duties related to the safe guard, and at the same time inflicted injury on the victim K, such as the left-hand eyebrow medical care (including 5 cm and annual installments) for about two weeks.

Summary of Evidence

[Criminal facts in the market] 2013 Goo 5323]

1. Partial statement of the defendant;

1. Each legal statement of witness E, G, F, and H;

1. Each police statement of the E, G, and F;

1. Each service report;

1. Each investigation report (Nos. 7 through 9, 11, 12, and 15 in the list of evidence) (No. 7 through 9, 15 in the list of evidence);

1. Partial statement of the defendant;

1. Each legal statement of a witness, L, N, or K;

1. Each police protocol of statement against K, M, and N;

1. Each service report;

1. Each investigation report (Nos. 8, 9, and 13 in the evidence list);

【Criminal Power at the Time of Sales】

1. Criminal records, investigation reports (report on previous convictions and results thereof); and current status of personal identifications and confinements;

Application of Statutes

1. Article applicable to criminal facts;

Articles 136(1) and 257(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of species;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act.

Judges

Judges Shin Jae-chul

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