beta
(영문) 서울중앙지방법원 2017.09.21 2017고단4799

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 12, 2017, at around 15:00, the Defendant “the male is under the influence of alcohol” at the Jung-gu Seoul, Jung-gu, Seoul, and frontway, when the fire fighting company controlled the fire fighting company E, the E, the fire fighter, and the fire fighter to take a bath to the fire fighting department D 119 safety center in Seoul, Gwangjin-gu, Seoul, upon receiving a report 119, and attempted to take a walk into the emergency vehicle into the abdominator, and the fire fighting company E voluntarily tried to grasp the health condition, the Defendant laid the chest of the fire fighting company E on one occasion with his own hand, and then laid the chest of the fire fighting bridge F, who is called whose guardian is, and who is the guardian from the next day, made one time the chest of the fire fighter, who is examining the handphone to find his guardian.

Accordingly, the defendant assaulted fire officers to interfere with the legitimate execution of duties of fire officers concerning 119 management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and E;

1. An investigation report (related to a medical certificate of injury submitted by an complainant);

1. Application of the Acts and subordinate statutes to the complaint;

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 an alternative fine for punishment;

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

1. In order to establish the law and order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate public peace, there is a need to strictly punish the crime of interference with the execution of official duties, and the defendant assaulted the firemen who sought relief of himself/herself, which is disadvantageous to the situation where the nature of the crime is not good.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of criminal punishment, health and financial standing of the defendant, and other factors such as the defendant's age, sex, environment, family relationship, means and result of the crime of this case, shall be determined as ordered by considering all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime.