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(영문) 창원지방법원 진주지원 2020.04.01 2019고단1521
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the state that he or she lacks the ability to discern things or make decisions due to a bruptic disease that shows mental symptoms, such as autistic accident, an brupt accident, an over-glusical accident, an over-the-counter accident, a damage network, a refund, and a decline in the real judgment power.

Around 12:50 on June 27, 2019, the Defendant expressed that the Defendant moved the Defendant to another room at the safe prison No. 508 m. 42, from the time of Ansan-si, on the ground that the Defendant moved the Defendant to the other room due to the toilet repair problem, and that the Defendant expressed that, “I will see the said C with a broom with a broom broom, with a broom broom, “Is, dead, dead, and schip, schip, schip.” to the school members of the Gyeyang-si prison, who was patroled, who used the broom broom, and assaulted the water taken by drinking water C by spreading it several times.

As a result, it interfered with legitimate execution of duties on the safety and maintenance of order in correctional institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C, D, and E;

1. C's service report;

1. Written statements of D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the obstruction of performance of official duties according to the sentencing guidelines shall be limited to the basic area of the obstruction of performance of duties and the coercion of duties, six months to one year and six months;

2. A prison officer who assaults a prison officer in the course of performing official duties during a prison term due to a crime of the same kind as a sentence of sentence;

However, the extent of the used violence is not heavy, and the damaged correctional officer is not punished.

Other factors such as the health condition of the defendant are considered.

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