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(영문) 의정부지방법원 2015.04.03 2014고단4655
공무집행방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2014, the Defendant reported on November 22 and 23, 2014 to the underground stairs of building B in Yangyang-si, the victim D (the age of 36) who is a fire official belonging to the Namyang Fire Station C119 Safety Center of the Namyang Fire Station (the age of 36) was seated in the above stairs. As the Defendant said that he was seated in the above stairs, the Defendant took one time on the left-hand face of the victim of Goyang-si without any particular reason that occurred on the Gap-si’s own job.

As a result, the defendant interfered with the legitimate execution of duties of the victim on emergency rescue and relief, and at the same time, the victim was faced with a face-to-face in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that not only the assaulted fire officers who have rescued themselves for the sentencing reason of Article 334(1) of the Criminal Procedure Act, but also the harm inflicted on the said fire officers, the nature of the crime is not good.

However, it is decided as per Disposition by taking into account the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no criminal conviction or heavier than a suspended sentence; (c) there is no specific criminal history for about twenty (20) years after being sentenced to a fine; (d) the degree of injury is not serious; and (e) the Defendant’s age, character and conduct and environment; (e) the background and motive leading to the instant crime; and (e) circumstances before and after the instant crime, etc., which are conditions for sentencing

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