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(영문) 의정부지방법원 2015.08.10 2015고단747

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on February 18, 2015, at the same time as the Government of the Gyeonggi-do, in front of the bus terminal near 640 Simp. Around 15:00, the Defendant expressed a bath to the Defendant on the ground that the Defendant does not have a way to the fire fighting bridge and D fire fighting assistant who escorted the Defendant to the government medical personnel of an ambulances, for himself/herself, on the ground that he/she does not have a way to his/her own desire. The Defendant assaulted the Defendant at two times the chest of the said C at one time with his/her hand when he/she saw her son, and the chest of the said D at one time as a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers on the escort of patients.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of C or D;

1. Report on investigation and report on investigation;

1. Application of the Acts and subordinate statutes to the damaged body, photographic photo, suspect, violence scene photograph;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution is that it is reasonable to punish the accused as imprisonment with prison labor for the sake of the gravity of the assault, such as when the accused takes a hand floor or drinking of fire officials;

However, a judgment of suspension of execution shall be sentenced in consideration of the fact that the defendant is against the fact of crime, there is no record of punishment for obstruction of performance of official duties, and currently receiving treatment for alcohol addiction.