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(영문) 대구지방법원 서부지원 2013.12.11 2013고정1248
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 6, 2013, at the Defendant’s house located in Daegu, Seogu, Seo-gu, 2015, the Defendant repeated the Defendant’s bath to the victim C, the victim D, and the victim E, who was fire-fighting officials having taken emergency measures by sending the Defendant’s wife to the scene of a report that the Defendant’s wife exceeded the stairs, and called out to the scene of emergency measures.

Accordingly, the Defendant’s patently insultingd the victims while viewing them as F and G residents.

2. The Defendant’s injury and obstruction of performance of official duties continued to take a bath to fire-fighting officials C, D, and E as above, and around that time, the victim C, who was a fire-fighting official before the former H apartment, was forced to leave the emergency vehicle and keep the Defendant’s desire to stop, and the latter part of the emergency vehicle was pushed the victim’s left arms by pushing the victim toward the victim, and the victim was deprived of it by drinking.

As such, the Defendant interfered with the legitimate execution of duties of fire officers regarding emergency measures, and at the same time, the Defendant placed approximately two weeks of medical treatment on the left-hand side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of injury;

1. Emergency medical services log;

1. Statement to C by the police;

1. Application of statutes governing the place of work;

1. Articles 257 (1), 136 (1), and 311 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the offenses of insult each other shall be punished for the offense of insulting a victim C with the heavier offense. In addition, both the offense of insult and obstruction of the performance of official duties shall be punished for the punishment prescribed for the heavier injury);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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