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(영문) 수원지방법원 2014.10.22 2014고단3153
상해등
Text

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

피고인은 2014. 5. 16. 22:50경 수원시 장안구 C에 있는 D주점에서 술을 마시다 의식을 잃고 바닥에 쓰러져 있는 손님이 있다는 신고를 받고 현장에 출동하여 혈압 측정을 하려던 소방대원 E에게 ‘구급대원이면 다냐, 이 씨팔년아’라는 취지로 욕하고 주먹으로 위 E의 이마를 1회 때리고, 오른발로 위 E의 왼쪽 다리를 1회 걷어 찼다.

As a result, the Defendant interfered with the legitimate execution of duties of fire officers, and at the same time interfered with emergency medical services by assaulting fire fighters dispatched to perform emergency medical services, and at the same time interfered with emergency medical services, and at the same time interfered with victims E for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of Acts and subordinate statutes to the submission of first aid logs related to the investigation of violence incidents against first aid workers;

1. Relevant statutory injury to a crime: The point of obstructing the performance of official duties under Article 257 (1) of the Criminal Act: The point of obstructing emergency medical services under Article 136 (1) of the Criminal Act: Article 50 subparagraph 1 (c) of the Framework Act on Fire Services;

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been committed by assaulting fire fighters engaged in relief activities against the defendant without any justifiable reason, and thus, the crime is deemed to have poor quality

However, the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that the defendant's mistake is recognized and reflects, that there is no record of punishment for the same kind of crime, and that contingent crimes are committed under the influence of alcohol.

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