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(영문) 대구지방법원 김천지원 2016.11.23 2016고단1187
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 30, 2016, the Defendant: (a) moved to first-aid service workers, who were fire officers belonging to the old fire station, who were called to the scene after receiving a report of 119, stating that “I will be women suffering from alcohol addiction, and patients suffering from self-harm,” on the part of the former fire station, and called “I wish to get drunkd and to be hospitalized at a mental hospital.”

In the first instance, the Defendant: (a) stated that the fire fighter D had no mental hospital at night; and (b) stated that “I will move to the hospital because I have a wound in his hand; (c) I am sound; (d) I am a stop in the first instance vehicle; (d) I am a stop in the body of the vehicle; (d) I am a stop in the body of the first instance; and (d) when I am a stop in the body of the E Hospital located in the Gu, I am a stop in the body of the E Hospital; and (d) continued to go from the vehicle after I am a stop in the front of the emergency room of the E Hospital located in the Gumisi F; and (d) caused the said fire fighter to go back by I am, and (e) I am a stop in the body of the patient.”

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers on 119 mobilization and emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (related to CCTV photographs, such as black boxes in 119 first-aid vehicles);

1. Application of Acts and subordinate statutes to the investigation report (in case of the attachment to the head of Dong/Dong);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Determination of Type] 1 of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of official duties) (Determination of the recommended area] basic area (the scope of recommendation area] from June to April 1; and

2. Circumstances disadvantageous to the decision of sentence: The crime of this case is not very likely to obstruct the exercise of legitimate public power by assaulting fire officers who the defendant has rescued themselves.

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