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(영문) 창원지방법원 진주지원 2017.02.15 2016고단1157

공무집행방해

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

On the road of "C" in Jinju City B, about about 04:20 on October 21, 2016 to 04:54 on the same day, the Defendant, upon receiving a report from the Defendant, will stop the F 119 emergency vehicle operated by the Jinju Fire Station D affiliated with the Jinju Fire Station D, which was called up after receiving a report from the Defendant, and without any justifiable reason, leave the vehicle under the emergency vehicle, and throw the vehicle out from the engine, and throw the vehicle out from the engine.

“The above E was threatened by the threat.”

Accordingly, the defendant threatened a fire officer who performs legitimate duties on emergency rescue.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of statutes on site photographs;

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

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

1. In light of the fact that there is a sufficient risk of the crime of this case, and that there is a record of multiple punishment due to the criminal acts such as similar principal violence, etc., although the criminal liability of the defendant is not easy, the fact that the defendant reflects his criminal acts, the fact that the defendant has no record of punishment, etc., should be considered as favorable to the defendant, and that there is no record of punishment of the defendant's age, sexual conduct, etc., other factors of sentencing as shown in the records and the theory of changes in the records of this case including the defendant's age, sexual conduct, etc.