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(영문) 서울서부지방법원 2016.05.20 2016고단112
공무집행방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

피고인은, 술에 취한 데 다가 정서 불안성 인격장애 등으로 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2015. 12. 27. 02:05 경 서울 서대문구 D에 있는 E 포장마차에서 술에 취해 바닥에 넘어져 입술이 터졌다는 119 신고를 받고 출동한 마포 소방서 F 소속 소방 공무원인 G이 피고인의 행동을 제지한다는 이유로 화가 나 G을 강하게 밀어 넘어뜨리고 발로 G의 정강이를 걷어찼다.

As a result, the Defendant interfered with the legitimate performance of duties by fire officers G on 119 mobilization and emergency rescue, and put the victim G with approximately three weeks of need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a mobilization order and a drilling order (Attachment to a medical certificate);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of an alternative fine for punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. The suspension of sentence under Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won a day) of the Criminal Act (hereinafter “the suspension of sentence”) shall be postponed by taking into account the Defendant’s age, sex, environment, circumstances after committing the crime, etc. as follows:

The defendant is the first offender.

From June 2013, the Defendant continued to receive mental and medical treatment due to depression, emotional uneasiness disorder, etc. from around June 2013, and received hospitalized treatment in closed ward due to suicide attempts.

As such, even in difficult circumstances, the examination for transfer to a university was extremely prepared, and the crime of this case was committed in such a situation where the ability to discern things or make decisions is weak on the wind of drinking and drinking while the tension was unfolded.

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