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(영문) 수원지방법원 안양지원 2017.03.17 2016고단1948
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. (Habitual Violence) at the Seoul Central District Court, and on October 15, 2015, the Defendant completed the execution of the sentence at Anyang Prison on September 15, 2015. On September 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Intimidation) in the same court, and the judgment became final and conclusive on February 9, 2017.

[2] On October 24, 2016, the Defendant: (a) spite, spite, spite, spite, spite, spite, spite, sate, and sate, sate, sate, sate, and sate, sate, etc. on the electronic image equipment installed in the authentic room during confinement; and (b) the teachers and teachers D attempt to replace with other protective equipment (protective chairs) for reasons such as non-compliance with the employee’s restraint on such act; and (c) the teachers and teachers D attempt to replace with other protective equipment (protective chairs) according to satisf, sat, and satisfs in the way of satisf.

C. The spits, spits or spits, etc. made intimidation that they will thrown away, and obstructed correctional officers’ legitimate execution of duties concerning the safe guard of prisoners by assaulting their arms, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G, H and I;

1. Before judgment: Inquiries about criminal history of the suspect, each investigation report (Attachment of data related to repeated crimes and attachment of judgment) and inquiry about summary information of the case (Supreme Court Decision 2016Do19509) shall apply to the law;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing under Article 39(1) of the Criminal Code to the disadvantage: The defendant has a history of criminal punishment, including criminal records of the same kind of punishment, several times, and the defendant interferes with the performance of official duties within the detention house during the period of repeated crimes.

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