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(영문) 수원지방법원 안산지원 2016.04.28 2016고단793

공무집행방해등

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

1. On February 20, 2016, the Defendant interfered with the performance of official duties: (a) the Defendant drinks alcohol at the main points located in C when lighting at around 01:35, on February 20, 2016.

누워 있던 중 119 신고를 받고 출동한 광명 소방서 소속 소방 관인 D이 피고인을 간이용 들것에 싣고 후송하자 D에게 “ 야 이 개새끼야, 빨리 우리 뽀삐( 애완 새의 애칭) 찾아와 '라고 욕설을 하면서 손바닥으로 위 D의 머리를 1회 때리는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the emergency measures and the transmission to hospital by a fire officer.

2. Around 03:40 on February 20, 2016, the Defendant violated the Emergency Medical Service Act, even though G, a doctor in the F hospital emergency room in E, was giving emergency treatment and treatment to 7 emergency patients, the Defendant continued to interfere with emergency treatment and treatment for the emergency patients by force by avoiding disturbance between approximately 40 minutes of the disturbance, such as “I am, slick, slick, d, slick, and sound.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 60(1)1 and 12 of the Emergency Medical Service Act ( point of interference with emergency medical services) of the Emergency Medical Service Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines [the scope of the recommended punishment] include a violation of the Emergency Medical Service Act without setting the sentencing guidelines that do not include the basic area (six months to one year and four months) (and one year and four months) of the category 1 (Interference with the performance of official duties and coercion of duties) in the scope of interfering with the performance of official duties, and therefore only observe the lower limit of the recommended punishment.

2. All records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, are shown below the sentence of sentence.