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(영문) 대구지방법원 의성지원 2021.01.14 2020고단356
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to 2 years of suspended sentence and 300,000 won of imprisonment for special larceny, etc., and was sentenced to 2 months of imprisonment with prison labor and 10,000 won of imprisonment with prison labor for the crime of bodily injury, etc. at the Chuncheon District Court on September 8, 2016 during the period of suspended sentence, and the said judgment became final and conclusive on September 20, 2016, the sentence of suspended sentence was invalidated and the execution of each of the said punishment was completed on March 6, 2018.

On August 10, 2020, the Defendant: (a) was pointed out of violation of the discipline by C principal D, teachers, and teachers, belonging to the above prison, while having teared from Rugs in Chuncheon Prison B, around 13:00; (b) “I have a complaint against the subject; and

Does the intellectual quality of the test;

Madern Dog-hurd Dog-hurd Dog-hurd Dog, etc., and assaulted Dog-hur-hurd Dog-har who was working in the 4th floor belonging to the above prison, and the Dog-hur F, who was f in the process of suppressing this, was blurged to the face of other teachers F.

As a result, the defendant interfered with legitimate execution of duties of correctional public officials on the security and order maintenance of prisons.

Summary of Evidence

1. The defendant's legal statement G, E, and D damage to government-funded goods in each service report filed by the police, and his/her investigation report (the result of viewingCCTV images);

1. Before judgment: Application of the results of inquiry, such as criminal history, and reporting (the confirmation of a crime during the period of repeated crime and execution of punishment);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes [the crime of obstructing the performance of official duties is established by assault or intimidation against a public official who performs official duties, and assault here includes not only the exercise of direct tangible power but also the act of indirectly exercising tangible power against a public official (see Supreme Court Decision 98Do662 delivered on May 12, 1998). Thus, the defendant is the defendant.

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