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(영문) 수원지방법원 2020.01.09 2019고단4717
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. On July 30, 2019: (a) around 03:18, the Defendant of the obstruction of performance of official duties: (b) reported 112 on the front of “C” in the direction of “C,” and sent to the site by E (49 years of age) of the D District Unit of the Sungdong-dong Police Station D District, which called “C, is used by the vehicle traveling along the vehicle; (c) the Defendant solicited the Defendant to return home; (d) the Defendant, without any justifiable reason, she walked on the bridge part of the said E, and she f (26 years of age) continuously called with the said E to stop the said Defendant’s act.

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

2. 소방기본법위반 피고인은 2019. 7. 30. 03:50경 화성시 G에 있는 화성동탄경찰서 D지구대에서, 피고인의 머리 부위 상처를 치료하기 위해 출동한 소방대원인 H이 피고인에게 응급처치를 하는 사이에 아무런 이유 없이 위 H의 다리 부위를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A H statement;

1. Application of 112 reported case handling lists and photographs of damaged parts to Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire Services for the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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