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(영문) 서울북부지방법원 2016.02.02 2015고단4394
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 November 8, 2015, at around 06:05, the Defendant committed assault, such as “C” in front of the convenience store located in Jung-gu Seoul Metropolitan Government, on the ground that: (a) the Defendant reported that there was a serious pain-related patient; (b) the fire fighting company affiliated with the Seoul Eastern Fire Station D119 Safety Center and the Defendant’s patients, such as fire fighting company E, and F, who were to return to a hospital, were the patients who were to return to the hospital; (c) the Defendant told the Defendant at one time of head; (d) the head was taken at one time; (e) the head was taken at one time; (e) the head was taken at two times; and (e) the head was received at one time on the part of E’s head.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers on the handling of 119 reported cases and emergency medical services activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The case where it is difficult to apply the sentencing criteria as it is for the reasons of sentencing in Article 62-2 of the Criminal Act and for the observation of protection and community service order.

In light of the fact that the defendant was subject to the juvenile protective disposition or the disposition of suspension of guidance three times due to unlawful uttering of official documents, etc., he reported 119 by drinking alcohol at the latest, assaulting a person who meets it, and assaulting the fire officers dispatched, and breathing the police officers dispatched, and breathing them, he was arrested as an offender in the act of committing a crime, etc., he will choose imprisonment with prison labor, but he will not repeat again as the defendant was young who became the adult of this age.

The arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means, consequence, etc., are shown in the arguments of this case.

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