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(영문) 청주지방법원 2015.11.20 2015고단1499
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on July 18, 2015, the Defendant was subject to emergency measures from the victim D (the age of 30) who is a fire assistant belonging to the Cheongju Fire Station, a fire assistant belonging to the C Safety Center, who was called out after receiving a report from the apartment security guards on the fact that a person drinking from the apartment security guards was used in the apartment corridor in the 102-dong and 202-dong apartment B, Seo-gu, Seo-gu, Cheongju-si.

The Defendant: “The victim is a fire-fighting public official going to move to and from the Do”; the Defendant: (a) sticking a mountain stegrology measuring instrument on the Defendant’s left hand for the Defendant’s physical examination; and (b) laid the measuring instrument on the floor without any justifiable reason, without any justifiable reason, she laid the instruments on the floor; (c) sounded the victim’s right shoulder at one time; (d) spiting the victim’s face on the victim’s face; and (e) spiting it into the victim’s right shoulder at one time; and (e) spiting it on the victim’s face; and (e) assaulted the victim, such as cutting the victim’s mouth, cutting the part of both sides which requires treatment for about two weeks.

Accordingly, the defendant interfered with legitimate execution of duties concerning emergency measures by fire officers and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation by telephone;

1. A detailed statement of 119-dong Order and 112-reported case processing;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Although minor injuries may be deemed to have occurred in the grounds for sentencing, it is difficult to see that the degree or content of the assault is minor, as an offense against a fire officer.

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