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(영문) 창원지방법원 통영지원 2020.05.19 2020고단180

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 응급의료에관한법률위반 피고인은 2019. 12. 25. 00:05 거제시 B에 있는 C병원 응급실에서, 술에 취한 채 피고인에 대한 진료를 위해 다가 온 의사 D, 간호사 E 등에게 “씨발. 좃같네. 죽고싶냐. 니 죽을래.” 등 큰소리로 욕설을 하며 함께 동행한 회사동료인 F을 밀치고 출동한 경찰관에게 주먹을 휘두르는 등 약 30분간 응급실에서 계속해서 소란을 피워 응급의료종사자인 의사, 간호사의 응급환자에 대한 진료를 위력으로 방해하였다.

2. The Defendant: (a) during the time and place specified in Paragraph (1) of this Article, the Defendant: (b) during the commission of obstruction of performance of official duties, who was subject to a 112 report that “the patient was in the state of disturbance” and was dispatched from the police officer H belonging to the G District in the G District in the G District in the G District in the G District in the G District in the Dong-gu Police Station, and was assaulted on the part of H with his left hand once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of statement and each written statement;

1. Application of the Acts and subordinate statutes to photographe images;

1. Relevant Article on criminal facts, Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment and Emergency Medical Service Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (in light of the fact that the defendant is against himself and has no record of punishment previously committed for the same kind of crime);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The obstruction of the performance of official duties (Article 1).