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(영문) 의정부지방법원 2013.12.26 2013고단3694

공무집행방해

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 3:30 on September 17, 2013, the Defendant of obstruction of performance of official duties against fire officers: (a) while avoiding disturbance before the elevator of the first floor of the building C in Dongducheon-si; (b) on the ground that, upon receiving an emergency report on the Defendant’s women’s friendly D, the fire fighter, who is a fire fighter belonging to the Dongbcheon Fire Fighting Station, and the fire fighter F, intended to confirm D’s condition; (c) failed to transfer D to the hospital, and (d) took a bath to the above E and F; (d) the E did not interfere with emergency measures; (e) the E did not approach the damage; and (e) assaulted the said hand with the Defendant’s hand, thereby obstructing the legitimate performance of duties concerning the rescue duties of fire fighting officers.

2. The Defendant violated the police officer’s obstruction of performance of official duties by committing an assault, i.e., assaulting the He’s h’s breath by hand while taking the bath of “spathing the spath, spath like spath,” etc., on the date and time, at the place specified in paragraph (1), and at the place specified in paragraph (1), that interfered with the police officer’s lawful performance of duties concerning the prevention, suppression, and investigation of crimes, by committing an assault, i.e., pressing’s spath, spathing, etc., of the police officer’s spath, while taking the above bath to the said I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of H, I, E, and F;

1. Application of statutes on field photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

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

1. Selection of a fine for each type of punishment (the fact that the accused is pening his/her mistake, the crime in this case appears to have committed contingent acts while drunkly considering the fact that police officers and fire officers are not taking proper emergency measures against the accused's female-friendly Gu, and the defendant has no criminal record of probation or heavier, etc.);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.