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(영문) 광주지방법원 2019.07.03 2019고단503
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 22, 2019, at around 09:35, the Defendant heard that in the front corridor of the Gwangjubuk-dong, the Defendant would make a uniform from the teachers C (5 years of age) who are correctional officers in front of the Gwangju Northern-dong, “A bit bit bit bit bit bit bit bit bit bit bit bit bit, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits in the nearest part, the right part of the main part, and one part of the main part, respectively interfere with a correctional officer’s legitimate execution of duties concerning guidance, treatment and safe guard.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of a CD-1 CD and a documentary evidence photograph-related statute;

1. 범죄사실에 대한 해당법조 및 형의 선택 형법 제136조 제1항, 징역형 선택 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은, 피고인이 당시 화가 나 화분을 깼으나, C을 향해 던진 것이 아니고, C의 어깨를 잡았을 뿐 때리지는 아니하였다고 주장하나, 이 법원이 적법하게 채택하여 조사한 증거로부터 알 수 있는 다음과 같은 사정들을 종합하여 보면, 피고인이 C을 향해 화분을 던지고, C의 어깨와 목을 때린 사실을 인정할 수 있다. 가.

C testified from the investigative agency to this court that the defendant was threatening to go to himself and the defendant was at the time of his shoulder and neck.

B. D, which was confined in the ward located in front of the instant site, testified from the investigative agency to the instant court that the Defendant was threatened with C, and testified that C was at the time of his hand.

In particular, D does not know the defendant at all, and there is no reason for the defendant and the victim to give favorable or unfavorable testimony by releasing the defendant from the Gwangju prison at the time of testimony, so D's consistent statements and testimony are highly reliable.

The reason for sentencing - The fact that a prison officer assaultss a prison officer during a prison life, and does not agree with a damaged prison officer.

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