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(영문) 서울북부지방법원 2018.06.01 2018고단1031
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2017, the Defendant reported that the Defendant’s wife was confined in the elevator 103-dong apartment B, Gangnam-gu, Seoul, and that “The wife was confined in the elevator, and so the wife was detained in the elevator,” by phone 119.

On December 2, 2017, the fire officers, such as the Fire Officers C, etc., of the Gangnam Fire Station called out after receiving a report, tried to return to the fire station for business atmosphere with the knowledge that there was no person to be detained in the field of around 00:25 on December 2, 2017. However, under the influence of alcohol, the Defendant was under the influence of alcohol to prevent the front of the fire engine in front of the entrance of the apartment complex, and "flabing the wife", and C was salved with the defect C’s flab, which he intends to see by explaining the situation to

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers in rescue activities.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statements and victim’s statements;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant reflects his/her mistake in depth and that the defendant has no criminal record exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;

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