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(영문) 대구지방법원 2018.11.15 2018노3060
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant inflicted an injury on the left side of a correctional officer, etc.

However, since the prison officer removed the string of personal goods unfairly, the defendant's act does not constitute a crime of interference with the execution of official duties, and the part of the injury constitutes a legitimate act or a legitimate defense and thus the illegality is dismissed.

B. Sentencing of the lower court’s sentencing (one year and two months) is too unreasonable.

2. Determination

A. 1) According to the evidence examined by the lower court, the following facts are acknowledged.

A) On February 9, 2018, the Defendant, at the same time, used the string of personal goods for the purpose of combining them, not for the purpose of manufacturing paper bags, while manufacturing paper bags by connecting strings with the strings in the Andong Prison B.

B) The victims, who are the teachers of the Andong Prison B, were employees of the Andong Prison B, have been forced to arbitrarily use their strings, which are goods that may be used as suicide tools, etc. in accordance with the following laws and regulations, and have been engaged in frequently regulating the use of their strings so as not to waste their work materials.

Article 31 (Maintenance of Cleanness) of the Administration and Treatment of Correctional Institution Inmates Act shall ensure that all facilities and appliances used by prisoners are kept clean at all times.

No object that may hinder the view or be an obstacle to safe guard, shall be placed within the premises of a correctional institution under Article 118 (Prohibition of Neglecting Obstacles) of the Enforcement Decree of the Administration and Treatment of Correctional Institution Inmates Act.

Article 294 (Duties of Workers) of the Guidelines on the Management of Expropriation and Safe Guard, etc. shall be safe and safe at work sites, such as supervision, work machinery, management of apparatus, cleaning and arranging work sites, and security at work sites.

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