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(영문) 인천지방법원 2014.06.19 2014고단2928

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2, 2014, at around 22:48, the Defendant: (a) sent out after receiving an emergency report to the effect that a person under the influence of alcohol on the roads of “IbB department store” would not move, and (b) was sent to a hospital by the fire-fighting officer affiliated with C, a fire-fighting officer assigned to the Defendant, the fire-fighting officer assigned to the said fire-fighting officer, and was sent to the hospital, the Defendant was boomed with the above fire-fighting officer, who was sent to the hospital. On March 2, 2014, the Defendant took a bath to the said fire-fighting officer within the first-aid vehicle, and was charged with the face of the said fire-fighting officer once.

Therefore, in order to prevent the defendant, the above fire officer driven the first-aid vehicle into the zone D of the Incheon Southern Police Station and arrived at the zone D, and around 23:03, the police officer, who is the police officer belonging to the above zone, carried the first-aid vehicle into the first-aid vehicle. The defendant assaulted the above police officer two times to walk the breast part of his chest.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 119 reported cases and the suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of investigation reports (verification of CCTV images installed in an ambulance) Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized the instant crime; (b) committed the instant crime; (c) the victim C and his mistake are divided; (d) the victim E and deposited KRW 2 million for the victim E; and (e) other circumstances that are conditions for sentencing indicated in the records of this case, such as the Defendant’s age and character and conduct, shall be determined as ordered by taking into account