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(영문) 서울북부지방법원 2015.09.02 2015고단1910
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 5, 2015, at the entrance of the underground shopping district located in Jongno-gu Seoul Metropolitanro 206, the Defendant reported at the entrance of the Jongno-gu Seoul Metropolitanro 206, and the Defendant tried to transfer the Defendant to a nearby hospital by a fire-fighting officer D belonging to C 119 Safety Center, who called “Abridge”, who was dispatched to the site, but the Defendant attempted to transfer the Defendant to a nearby hospital. However, as the Defendant changed to the hospital located in the game and changed the Defendant’s refusal to transfer, the Defendant demanded D to sign a written confirmation of the refusal to transfer the Defendant, thereby demanding D to sign a written confirmation of the refusal to transfer the Defendant. In doing so, the Defendant assaulted D’s chest by her hand three times, including “Abregh, Chewing,” and her spawn.

Accordingly, the defendant interfered with the legitimate execution of fire officers' duties on the handling of 119 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Even before the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant had been punished due to an act of violence, obstruction of business, etc. even prior to the suspension of execution, but again, led to the instant crime, and was refused to use the 119 first aid vehicle for the purpose of moving to the hospital at his own expense even though it was not in the emergency situation, and thus, the 119 first aid service workers were assaulted by the 119 first aid service workers. In particular, the nature of the crime of obstruction of performance of official duties is particularly poor, and other factors of sentencing indicated in the records of the instant case, such as the circumstances, attitudes, circumstances after the instant crime,

It is so decided as per Disposition for the above reasons.

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