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(영문) 광주지방법원 2017.10.18 2017고단3813

공무집행방해

Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant added up 119 first aid members from D 119 Safety Center, located in South South C on August 10, 2017, to the hospital located in Gwangju, without sending themselves to the hospital located in Gwangju, and “C”

It is time to die.

“” and the head of E’s chest and face of the said Safety Center’s staff.

The defendant subsequently reported to the 112 police officers dispatched to the site after receiving a report, and the defendant prevents the defendant, and he is referred to as "finite", and he is also referred to as "finite".

The F police box of the Magsung Police Station was sent at one time by the face of the slope G belonging to the Magsung Police Station.

Accordingly, the defendant has prevented the police officers from performing their official duties for 119 emergency rescue activities and performing official duties for handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) The scope of the recommended punishment for each crime in its holding / [the type of determination] each basic area [the scope of the recommended punishment] from 6 months to 1 year and 6 months each, respectively;

(b) Aggravation of multiple crimes: Six months to two years and three months;

2. Determination of sentence: Determination of sentence as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime and circumstances after the crime, etc., under the conditions as specified below 10 months (two years of suspended sentence).

Unfavorable circumstances: To assault the members of the first-aid service and assault the police officers to interfere with the legitimate execution of duties concerning rescue activities and handling of reported cases.

There is a record of punishment for violent crimes.

A favorable condition: