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(영문) 춘천지방법원 2017.10.17 2017고단840
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On July 18, 2016, the Defendant was sentenced to one year of imprisonment with prison labor in the original state branch of the Chuncheon District Court for fraud, etc., and completed the execution of the said sentence on January 29, 2017.

[2] On June 5, 2017, at around 18:45, the Defendant: (a) temporarily released the protective equipment, which was investigated and worn by the Defendant on the ground of the cumulative investigation of the warning site by the reason of the reason, such as arbitrarily escaping from the five common use districts of the original correctional institution, which was located in the original correctional institution, from the original correctional institution, from the original correctional institution, and then, (b) on the other hand, the Defendant was required to wear the vehicle, and (c) on the other hand, the Defendant shall be a correctional officer for the victim D (40 years of age) who is an official of the original correctional institution.

The victim's left part of the victim's arm's length was broken, Chewing, etc. "...."

As a result, the defendant interfered with the correctional officer's legitimate execution of duties concerning the maintenance of order in prison and disciplinary action of inmates, and at the same time, the victim took up a part of the left-hand side requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. Medical certificates and photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history, personal confinement status and sentence of judgment;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a more severe crime of injury);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant appears to have been repented while making a confession of the crime of this case, etc., which is favorable to the defendant.

On the other hand, the crime of this case is committed by the defendant while being confined in a prison and tried by a prison, with the desire of a correctional officer to properly perform official duties while taking the arms of a correctional officer, and the nature of the crime is not good, and the agreement with a correctional officer is not reached, and the defendant committed the crime of this case during the period of repeated crime.

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