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(영문) 광주지방법원 장흥지원 2015.08.27 2015고단107

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2015, at around 20:24, the Defendant reported to 119 on the deaf road in front of the D community hall located in Heung-gun C, and requested to send an ambulances to the first-aid vehicle. The Defendant, who is a fire official belonging to the Gangnam Fire Station E19 Safety Center, called the “F (Nam, 30 years of age), called the “D community hall” and sent the Defendant to the Heung-gun Hospital, who was on board the vehicle.

At around 20:45 on the same day, the Defendant, while drunkd in the first-aid vehicle and tried to drink F as “I will not go to another place, I will go to go to the head of Heung-Eup,” and attempted to drinking F by drinking F, and the F will stop the Defendant’s arms, and used F as a sprink, “I sprinke,” and sprinking F with f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s fat.

Accordingly, the defendant interfered with the execution of legitimate duties concerning emergency rescue and first aid activities of fire officers and 119 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to field photographs and black boxes video records;

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

1. In light of the nature of the crime of this case where the defendant used violence against fire fighters who send him/her to his/her hospital, the reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of sentencing as follows) requires a corresponding punishment against him/her.

However, the sentencing conditions indicated in the records of this case, including the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, circumstances after the crime, etc., are reflected in the defendant's mistake, and there is no history of punishment heavier than the suspension of execution, and fire officers do not want the punishment against the defendant.