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(영문) 제주지방법원 2019.09.05 2019고단1050
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:52 on March 17, 2019, the Defendant reported at the waiting room of the guardian of the C Hospital emergency room located in B at Jeju, and 119 on March 17, 2019, and Gab in Jeju City D.

In the main place, the Defendant sent to the emergency room, and transported the Defendant to the emergency room of the above hospital, the E fire fighting officer F, etc. belonging to the first place of the hospital, and the first responded to the refusal by the first responder, and the first responded to the foregoing F while carrying out the desire of the first responder, such as "I will find out why weather, dys and fys and sys and sys and sys and sys and sys and sys and sys and sys and sys of the above F.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officials on emergency medical services under 119 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to report on emergency situations, investigation reports (related data verification reports), watchkeeping log, violence video data, investigation report (Listening to related persons' telephone statements) and investigation reports;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime uses violence against fire officers dispatched after receiving a report 119, and the nature of the relevant crime is not negligible, and that the Defendant has two times the same criminal records including the suspended sentence of imprisonment.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the types used by the defendant are not very serious, and the defendant seems to have committed any contingent crime by drinking.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - Crimes of obstruction of performance of official duties: Crimes of obstruction of performance of official duties.

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