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(영문) 부산지방법원 동부지원 2016.04.21 2016고단237

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On February 6, 2016, around 23:15, the Defendant was getting off the taxi at the site of the accident due to the traffic accident of the taxi (D) he gets on board at the front of Busan Southern-gu B.

The Defendant’s “emergency activities,” without any justifiable reason under the influence of alcohol, are as follows: (a) the fire brigade F, G, etc., a member of the E fire station affiliated with the E fire station, who was dispatched to the above place at around 23:30 on the same day, to rescue patients.

The first-aid crew assaulted the above first-aid crew members on the f's chest of the above fire fighting bridge and walking the bridge at hand.

The Defendant continued to assault the chests and necks of the above fire fighting G with his hand at each time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field relief activities of the above 119 emergency rescue workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant is recognized to commit the instant crime, and that the defendant has no record of criminal punishment of suspension of qualifications or heavier punishment);

1. The community service order under Article 62-2 of the Criminal Act;