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(영문) 서울남부지방법원 2018.07.18 2018고단2539
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 18, 2018, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant obstructed the progress of the first-aid vehicle for about five minutes after checking the status of the Defendant and confirming that the members of the first-aid vehicle belonging to the Yeongdeungpo-gu fire station in Seoul, Yeongdeungpo-gu, Seoul, which was called out after receiving an emergency medical service report that people had been used on the road, and the Defendant also does not need to go to the hospital, and thereby obstructing the progress of the first-aid vehicle for about five minutes after intending to open the vehicle on the front of the first-aid vehicle.

As a result, the defendant interfered with legitimate execution of duties of fire officers' life saving and first-aid activities.

2. On May 18, 2018, around 15:54, the Defendant, at the place indicated in the foregoing paragraph 1, and after receiving a report from 112 that the Defendant prevented a police officer from operating his/her duties, as described in the foregoing paragraph 1, assaulted a police officer by causing the Defendant, who was dispatched to the site by the head of the police station Edistrict of the Seoul Young Military Police Station, F of the police station, to stop a ambulances, and then moved back to the future, or by drinking the F face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the laws and regulations of G and D

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) Interference with the execution of each official duties (the scope of recommendations) and interference with the execution of official duties, the basic area (the interference with the performance of official duties and the coercion of duties) of Type 1;

(b) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. The defendant who was sentenced to a suspended sentence shall be punished by imprisonment for six months with prison labor for a violation of the performance of official duties in 2016, and two years with prison labor for six months with prison labor for a violation of the performance of official duties in 2017, etc.

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