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(영문) 인천지방법원 부천지원 2017.09.06 2017고단1513

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On May 19, 2017, the Defendant interfered with the performance of official duties: (a) on the delivery prior to the delivery of the invoice in the 666 Sincheon-si, Seocheon-si; (b) upon receiving a report from a person on the road and receiving a request for returning home from C to a police officer affiliated with B B of the Seocheon-gu, Seocheon-gu Police Station B, Seocheon-si, Seoul, who was called out after receiving a report from the person on the road.

They referred to as "I am inevitably," and assaulted C's chests by pushing them and breathing them.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

2. The following facts charged were revised to the extent that it does not harm the identity of the charges charged in violation of the Framework Act on Fire Services and the defendant’s right to defense:

The Defendant assaulted the Defendant at the time and place set forth in paragraph 1, at the time and place, and the Defendant’s fire officers affiliated to the Busan Fire Station D, who were dispatched to the scene due to the Defendant’s failure to break, on one occasion, by walking the left-hand knee of the above E.

Accordingly, the defendant interfered with the first-aid activities of the fire brigade dispatched by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

112 Application of the 112 Reporting Case Handling List, on-site photographing statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 50 Subparag. 1 (a) and Article 16(2) of the Framework Act on Fire Fighting (the point of obstructing emergency medical services), and the choice of imprisonment with labor for each type of crime;

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. The reason for sentencing of Article 62-2 of the Social Service Criminal Act is that the defendant recognizes all of his errors and seriously reflects them.

After the case, the police did not want to punish the defendant by finding the police several times, and the police does not want to punish the defendant.

To avoid repeating the crime

The results are as follows.

However, the crime of this case was committed by the police and fire-fighting officers dispatched for their own misconduct, and the nature of the crime is not good.

2.11.