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(영문) 창원지방법원 진주지원 2015.05.08 2015고단220
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 14:00 on January 12, 2015, the Defendant assaulted the chest of the above E and F on the ground that the prisoner C spits on the sports ground floor in Jinju-si, Jin-si, Gin-si, Gin-si, Gin-si, Gin-si, Gin-si, Jin-si, Gin-si, D Team Security E, and Teachers F. When the Defendant took a bath to the effect that C spits on the sports ground, the Defendant used the said E and F’s chest as drinking, and walked the said E and F’s chest to walk on the ground that C spits on the sports ground.

As a result, the defendant interfered with the legitimate execution of duties of prison officers on the maintenance of prison order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the statement by each special judicial police officer against G, E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. A mitigated person of the obstruction of performance of official duties (type 1): A person under consideration where the degree of assault, intimidation, or deceptive scheme is minor: A number of public officials who have suffered damage (the scope of recommending punishment) for not less than six months but not more than one year and not more than four months;

2. Although the nature of the crime of this case committed by the defendant who has expressed a desire to two correctional officers and assault, the sentence shall be determined as per the order beyond the scope of sentence recommended in the sentencing guidelines, taking into account the following factors: (a) the defendant reflects the crime of this case; (b) the correctional officer E wishes to punish the defendant; (c) the defendant appears to have committed the crime of this case by contingency; and (d) the defendant appears to have committed the crime of this case; and (b) other factors of sentencing as shown in the records and arguments of this case, including the defendant’s age, health conditions,

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