logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.08.09 2017고단588
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of injury at the Changwon District Court on October 25, 2016, and the said judgment became final and conclusive on December 3, 2016, and is still under the period of suspension of execution. On June 14, 2017, the Defendant appealed from the Changwon District Court after being sentenced to one year and four months of imprisonment with prison labor for the crime of damage to public goods, etc., and the said court is pending

The defendant around 08:10 on May 2, 2017, at the Changwon Prison B office in the Changwon-gu, Changwon-si, Mawon-si, Mawon-si, the defendant was investigated as a matter of garbage separation and removal between these inmates.

Defendant 1:40 of the above date was waiting to undergo an investigation at the waiting room for the treatment of the above prison, and was asked to the victim C (28 years of age) who is a school official belonging to the above prison, but refused to answer “I will be able to keep the victim in mind,” and tried to leave the waiting room for treatment at will. On the other hand, the victim was able to take a bath to the victim and want to leave the waiting room for treatment at will, and the victim was able to take the right side of the above victim at once.

As a result, the defendant committed an injury to the victim, who is a correctional officer, in need of two weeks of medical treatment, and at the same time interfered with the correctional officer's legitimate execution of duties concerning the instruction, treatment and safe guard of prisoners.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Circumstances favorable to the reasons for sentencing selective punishment of imprisonment: The defendant recognized the instant crime and reflects the depth thereof; the defendant suffers from mental illness; the defendant committed the instant crime during the period of suspension of execution; and the family member's carbon, etc.; the defendant committed the instant crime during the period of suspension of execution; and there are several records of punishment, and there are other cases pending in the appellate trial.

arrow