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(영문) 수원지방법원 여주지원 2016.04.04 2016고단50
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to two years of imprisonment with prison labor and one million won of fine at Daejeon Prison on October 21, 2013, and completed the execution of the sentence on October 21, 2013. On May 14, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties and of insult at the Suwon Prison, and the said judgment became final and conclusive on December 7, 2015.

1. On July 21, 2015, the Defendant: (a) around 15:40 on July 21, 2015, at Suwon-si, Suwon-si, Gyeonggi-do, the head of Suwon-si, the head of Suwon-si, the head of Suwon-si, the head of Suwon-si, the head of Suwon-si, the head of the Dongwon-si, the head of the Dongwon-si, the head of the Dongwon-si, the head of the Dongwon-si, the head of the Dong-si, the head of the Dong-si, the head of the Dong-si, the head of

Accordingly, Defendant 1 set forth several bathings to the above D and the above Dondo E (33 Doh) affiliated with the above detention center, “Yh. h. Doh h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.h.)

The judgment of the court below in light of the above legal principles and records, the court below erred by misapprehending the legal principles as to the violation of Article 13(1) of the Criminal Procedure Act. The court below erred by misapprehending the legal principles as to the violation of Article 14(1) of the Criminal Procedure Act, thereby affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

As a result, the defendant interfered with the legitimate execution of prison officer's custody and sentence execution.

2. On November 29, 2015, the Defendant assaulted the victim’s face at around 16:25, 2015, for the reason that the Defendant did not raise the victim’s G (21 years old) in the room for the multi-level accommodation of the Innju prison F, Nanju City, Nanju City, Nan Eup, 107, in order to take the victim’s face. As a consequence, the Defendant assaulted the victim’s face three times with the flue disease cited.

Summary of Evidence

1. The defendant's person;

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