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(영문) 수원지방법원 성남지원 2021.01.14 2020고단2610

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 16, 2020, around 09:20 on July 16, 2020, the Defendant committed a crime against fire fighting officials B, “A person who gets a light training” before the elevator of Gwangju-si, received a report of 119, and called D fire 119 first class B of the D fire department 119 first class of the fire fighting officers called “B caused a light training.” On one hand, the Defendant took one-time face of B with the defect in order

Accordingly, the defendant interfered with the legitimate execution of duties of the 119 emergency medical service personnel.

2. On July 16, 2020, the Defendant committed a crime against police officials E, received 112 reports to the effect that “Sick Dong Da Da Da Da Da Da Da” in the front of Gwangju City on July 16, 2020, and sent to the Defendant by the police box affiliated with the F police box of the Gwangju Police Station called “S Do Do Do Do Do” to

In order to stabilize the defendant, he/she took the face of E at one time with the defective Gap hand hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. On-site photographs;

112 Application of Acts and subordinate statutes to a statement of report processing;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act and the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of assaulting the defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is an act of putting the authority of the public authority against the crime of violating the Criminal Procedure Act.

However, at the time of committing the crime, the Defendant was in a state that it was difficult to expect normal judgment and behavior as much as the 119 first aid crew members were dispatched, and the Defendant intentionally caused such state.

It is also difficult to see it.

In addition, the defendant has not been punished for the same crime before the crime of this case, and there is no record of punishment exceeding the fine.

The age of the defendant.