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(영문) 의정부지방법원 2016.10.19 2016고단3438

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:00 on July 18, 2016, the Defendant was under the influence of alcohol in the vicinity of the Government-dong 6-50 Duncheon-dong 6-50, Jungcheon-gu, Gyeonggi-do, and sent back to the emergency room of the D Hospital located in Gyeonggi-si by the 119 first responder, the Defendant was under the influence of sound, and was under the influence of the 119 first responder.

On the same day, around 23:25 on the same day, the horse F belonging to the Dong Government Police Station E-gu Seoul Police Station, which received 112 report that “the male patient interfered with the treatment and frighting,” asked the defendant about his/her personal information, and the defendant expressed his/her desire to read “the family is China, and the family must fright,” and assault the above F F at one time on the drinking.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of the Acts and subordinate statutes described in G written statements and investigation reports (the telephone survey of 119 first responders);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Act No.62(1) of the Criminal Act) (amended by Act No.62(1)) (amended by Act No.5 years (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare), the basic area of the obstruction of performance

However, the punishment was determined in consideration of the fact that the act of assault by the defendant was not serious, that the defendant is against the confession of the crime, that there is no record of criminal punishment in Korea.