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(영문) 서울북부지방법원 2015.11.05 2014고단2075

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 1, 2014, at around 06:25, the Defendant, while under the influence of alcohol on the roads of 808, the same city, Jung-gu, Seoul, the Defendant: (a) 119 report and sent out by 119; (b) the fire bridge B belonging to 119 Safety Center in Seoul, China, the Fire Station B and the Fire Station C, in order for the Defendant to take relief measures; (c) spiting, spiting, spit, and spit, and spit, the Defendant, upon receiving a report and receiving 112 report, took part of the defects that the Defendant attempted to cause the Defendant to put in order to take relief measures; and (d) said E and F spit, “E, embar, fy, spine, spine, and sprinking,” and (d) said E, including E.

Accordingly, the defendant interfered with legitimate execution of duties concerning relief measures for fire officers and crime prevention of police officers.

Summary of Evidence

1. Application of each police protocol of statement to E and B;

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. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be limited to the case where there are many public officials who have suffered damage in the aggravated area (one year to four years of imprisonment] of the obstruction of performance of official duties.

3. Determination of sentence: The details leading to the instant crime, method of crime, circumstances after the crime, etc. are disadvantageous to the defendant; the defendant has no record of criminal punishment while staying in the Republic of Korea; and the defendant's age, family relationship, tendency, etc., which are shown in the hearing of the instant case, shall be determined by exceeding the lower limit of the recommended sentence specified in the sentencing guidelines; and the punishment shall be determined as the order