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(영문) 서울북부지방법원 2015.07.28 2015고단1597

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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2015, at around 20:20, the Defendant: (a) moved an emergency patient at the stairs at the entrance of “Dsing room” located in Seoul Special Metropolitan City, Nowon-gu, with the report of 119 first-aid services, and (b) moved the Defendant’s father, and (c) took the Defendant’s father, and (d) took a look at F’s face while under the influence of alcohol.

The Defendant: (a) obstructed the lawful performance of official duties pertaining to fire officers’ 119 emergency medical services, such as the flabing, flabing, and flabing, flabing, flabing, and flabing with the flab of G with a defect that the fire officer G belonging to the said fire station caused the said fire officer’s flabing of the flab; (b) and (c)

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes to black stuffs, video cad and investigation reports (report on the analysis of black stuffs in which criminal cream is recorded);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing Criteria: Although the sentencing criteria are not applied directly because they fall under the ordinary concurrent crimes, the scope of the following recommended sentences shall be considered for the proper sentencing (Scope of recommended sentences). The basic area (referring to six to one year and four months) of the obstruction of performance of official duties (special mitigation) (referring to one type, one type of injury, one type of injury), and several public officials who have suffered damage (referring to one type).

2. Although the decision-making defendant has the ability to punish the same kind of fine, in that he uses violence to first aid workers who give emergency aid to the father of the defendant, the nature of such crime is not weak, the degree of assault by the victims.