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(영문) 광주지방법원 2015.07.16 2015고단1504
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2015, at around 21:00, the Defendant, at the waiting room for release from the prison in Gwangjubuk-gu, expressed that he/she is dissatisfied with the order to attract the labor station in the atmosphere room for release from the prison in Gwangjubuk-gu, and expressed his/her desire to “I am alive here?? I am flick, a correctional officer affiliated with the Gwangju Prison, and assaulted two times of the above C’s lecture.

The Defendant continued to take the register of confinement in the body examination room of the Gwangju prison, and refused to take clothes to the prison officer, who belongs to the Gwangju prison, who is a prison officer of the Gwangju prison, and used the register of confinement of the Defendant, which was cited by the above D, thereby impairing the effectiveness of tearing, and assaulting the above D's right-hand scke in his face once by hand.

As a result, the defendant has harmed the utility of the confinement register, which is a public object, and has interfered with the correctional officer's legitimate execution of duties concerning the safe guard of prisoners.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. C's service report;

1. Application of Acts and subordinate statutes to photographs of confinement records;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: Article 62-2 of the Criminal Act: Group 1 (Scope of Recommendation) that has no basic field (6-1-6 months and 6 months) (the scope of Recommendation) of the first category (6-1-6 months and 6 months), the basic area (6-1-4 months and 4 months) of the obstruction of performance of official duties (the scope of Recommendation) [6-2 months and 700,000 won for the crime of interference with business from the Gwangju District Court on September 18, 2014]

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