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(영문) 대구지방법원의성지원 2020.08.27 2020고단217
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 15:40 on June 9, 2020, the Defendant exceeded the official uniform in the office of the 3rd prison of the 3rd prison of the Ganbuk-gun, which was in the progress of the Cheongong-gun, and only took clothes from the office of the 3rd prison. Although the Defendant received the instructions to wear the official uniform from the victim C (Nam, 33 years of age) who is the school staff of the above prison, the Defendant failed to comply with such instructions, and instead, the Defendant took a bath to the victim and was investigated from the deputy principal E, the victim, and the school principal F.

On June 9, 2020, the Defendant was under investigation at the above D room on June 16:00, and the victim said, “The Defendant threatened his assistant principal E with the death of the fire and the team leader,” and the victim and the bridge F, who are able to carry out the protective equipment for the Defendant, had the victim’s back to the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the victim.”

As a result, the defendant assaulted correctional public officials to interfere with legitimate execution of official duties on the maintenance of prison order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H, I, J, C, and F;

1. A witness statement prepared in H and I;

1. Each service report;

1. A report on the detection of each violation of regulations;

1. Ten copies of a recording record, a work assignment record, a prisoner's medical examination and treatment record, a video photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 136(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

Unfavorable circumstances: The crime of obstruction of the performance of official duties is a state's function by nullifying legitimate exercise of public authority.

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