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(영문) 서울북부지방법원 2017.08.17 2017고단1322

공무집행방해

Text

The crimes provided for in paragraph (1) of the same Article shall be punished by imprisonment for eight months and by the crimes provided for in paragraph (2) of the same Article.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor for an injury at Seoul Northern District Court, and the judgment became final and conclusive on July 25, 2014.

1. 공무집행 방해 (2017 고단 1322) 피고인은 2016. 11. 19. 23:20 경 서울 중랑구 B 앞길을 술에 취한 채 걸어다가 다 넘어져 바닥에 머리 부위를 부딪쳐 쓰러진 후, 119 신고를 받고 출동한 서울중랑소방서 C 소속 소방사 D가 피고인의 상태를 확인하고 병원으로 데리고 가기 위해 피고인을 들것에 실어 구급차에 태우자, D에게 욕설을 하면서 발로 D의 우측 얼굴 부위를 1번 걷어찼다.

The Defendant assaulted fire-fighting officials D who perform the legitimate duties of handling 119 reports.

2. 상해 (2017 고단 2255) 피고인은 2010. 9. 19. 18:30 경 서울 중랑구 망우동 461-3에 있는 분수대공원에서, 자고 있는 E(55 세) 을 피고인이 깨웠다는 이유로 시비가 되자 주먹과 발로 E의 얼굴과 몸을 여러 번 때리고 걷어 찼다.

E suffers from the symptoms of the oral mouth, etc. with which the treatment period cannot be known.

The Defendant inflicts an injury on the same victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement made by the police against D or E;

1. Criminal history: Application of inquiry written reply to Acts and subordinate statutes;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and determination of punishment under Article 62-2 of the Criminal Act on community service order;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a period of one year and six months (Interference with the performance of public duties) from six months, and one year and six months from four months from the date of imprisonment;

2. Decision of punishment: to recognize errors;

Many criminal experience related to violence are related to violence.

The crime of injury shall be tried like the situation in which the injured person does not want punishment and the crime of injury for which judgment has become final and conclusive.