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(영문) 서울남부지방법원 2016.09.27 2016고단3306

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

around 23:55 on June 9, 2016, the Defendant reported 119 on the road in front of Yangcheon-gu Seoul National Bank, “A patient who is used before the Seoul National Bank” and was called up, and attempted to contact F’s family with F’s cell phone in order to help the Defendant’s home under the influence of alcohol by the Seoul Yangcheon Fire Station D affiliated with the Seoul Yangcheon Fire Station D, which was under the influence of alcohol.

“A mobile phone with E’s cell phone blicked, plucking, plucking, plucking, plucking, and assaulting the hand to interfere with the legitimate performance of duties of a fire officer’s first-aid activities, thereby interfering with the victim’s legitimate performance of duties, and at the same time inflicting an injury on the right-hand 2 dys, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Investigation report (Binding boxes and video records files);

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate to victims E);

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on any more severe bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Determinations of types: [18] Violence, 01. General Bodily Injury (Type 1] General Bodily Injury;

(b) Special sentencing factors: Aggravation factors (in the case of interference with the execution of official duties,

C. General sentencing factors: None.

(d) Scope of recommending punishment: Aggravated area, six months of imprisonment to two years.

3. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspension of execution, community service, and 160 hours (a favorable condition) and there is no record of punishment heavier than that of the suspension of execution of the said sentence (a unfavorable condition) (any unfavorable condition) shall interfere with the performance of public duties on January 13, 201;