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(영문) 인천지방법원 2017.03.09 2016고단3134

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 18, 2014, at around 22:00, the Defendant was dispatched to the emergency room of the C Hospital located in Seo-gu Incheon, Incheon, after receiving a report from 119 that he was used in the way, and was going to the emergency room of the above hospital, and the Defendant’s body was cut off by a fire official E belonging to the 119 Emergency Fire Station D 119 Emergency Fire Station D 119 Safety Center, in which he was moving to the emergency room of the above hospital, and the Defendant’s body was rejected, and the Defendant’s body was cut off.

I explained “I” and interfere with the legitimate execution of duties of fire officials with respect to their first-aid activities by taking one time the trees of E.

2. At the same time and time as in the preceding paragraph, the Defendant: (a) while under the influence of alcohol, the Defendant refused to undergo medical treatment while avoiding any disturbance, such as “I Y, I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”; (b) The Defendant, as an employee of the above hospital, continued to sing the Defendant who refused medical treatment and am I am I am home I am I am, and obstructed the victim’s duties and business by force by preventing the victim, nurse, etc. from doing so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes on patient car details;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for the crime;

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been subject to criminal punishment at least 11 times, including the crime obstructing the performance of the same kind of official duties, and that the agreement or the damage has not been recovered, etc., in an unfavorable circumstance, the degree of tangible force exercised is the degree.